ANJU DHAWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by resident doctors and Resident Doctors Association of All India Institute of Medical Sciences challenging advertisement notification No.4 dated 18.6.1994 inviting applications for appointment to seven posts of Senior Residents and two posts of Senior Demonstrator reserved for SC/ST and OBC and for directing the respondents No.2 to 4 from exempting these posts from reservation.

(2.) Their case is that these posts are specialityposts for which no reservation could be made and in any case 100% reservation to these posts was not permissible. Reliance in this regard is placed on Supreme Court observations in Indra Sawhney Vs. Union of India & Others. 1992 Supp (3) Supreme Court Cases 215 and some other judgments.

(3.) Respondents 2 to 4 have disputed that the Supreme Court judgment in Indra Sawhney's case imposed any bar for applying reservation rule to these posts. On the second issue, it is explained that out of 34 posts of Senior Residents advertised, only 16 were reserved for SC, ST and OBC and that posts of Senior Resident and Senior Demonstrator were one category posts and the question of making wholesale reservation to these, therefore, did not arise.