V K SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) This bunch of writ petitions is concerned with admission to the Post Graduate Course to various disciplines in medicine and concerns allocation of seats in what is commonly known as the All India Quota.

(2.) Seats to the Post Graduate Medical Courses used to be reserved entirely for those candidates who fulfilled the residence requirements. The Supreme Court in the case of Dr. Pradeep Jain v. UOI, AIR 1984 SC 1420 was of the view that reservation of seats should only be to the extent of 50% and the rest of the seats were required to be filled by All India competitive examination to be conducted by the All India Institute of Medical Sciences. By a subsequent order this quota was altered and, as a result there of, 75% of the seats could be filled by local students while 25% of the Post Graduate seats in all the institutions in India were required to be filled on the basis of the aforesaid examination.

(3.) The manner in which the seats to All India quota should be filled was dealt with by the Supreme Court in the case of Dr. Dinesh Kumar v. MotiLal Nehru Medical College, 1987(4)SCC 459. While directing that there should be a uniform practice with regard to duration of the Post Graduate courses in all the Universities, the Supreme Court also laid down the programme relating to the selection examination. It was, inter alia, envisaged that the examination would be held on the second Sunday of January and the results would be announced within four weeks of the holding of the examination and the admissions were to commence two weeks after the declaration of the results. The said decision further postulated that the admissions should be completd within six weeks of the announcement of the result and the courses were to start throughout the country from May the 2nd.