ABHINAV AGGARWAL AND ANR. versus UNION OF INDIA AND ORS.

Citation: [2001] 1 S.C.R. 939 · Decided: 08-02-2001 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Dismissed

Judgment (excerpt)

"""' '* 
ABHINAV AGGARWAL AND ANR. 
A 
v. 
UNION OF INDIA AND ORS. 
FEBRUARY 8, 2001 
[S. RAJENDRA BABU AND K.G. BALAKRISHNAN, JJ.] 
B 
~ 
Education-Higher Education-
Post graduate medical courses-Admission-Criteria-Institutional 
preference-Legality of-Delhi University-25 per cent of seats filled on all- c 
India basis against which any student from anywhere in the count1y could 
compete and get selected-Remaining 7 5 per cent of seats reserved for State 
quota--Petitioners hailing from Delhi having qualified MBBS course from 
colleges situated in different parts of the country-Admission sought in post 
graduate medical courses in Delhi University under the 75% State quota- D 
Denial of-Contention that petitioners had studied outside their home State 
under the 15 per cent all-India quota-Tenability of-Admission rules having 
been fiwned pursuant to decisions of Supreme Court rendered bearing in 
mind the scope of Article 14 of the Constitution vis-a-vis the local needs-
Held, it is not permissible or appropriate to disturb the admission rules or 
to interfere with the process of selection being made to consider the cases E 
of the petitioners-Uniformity in the matter of admission to post graduate 
:-
medical courses-Attainment of-Held, wrought with many complexities-In 
the instant case process of selection not interfered with. 
~ 
Petitioners who hail from Delhi completed MBBS course from colleges 
situate in different parts of the country. They sought admission to post F 
graduate medical courses in Delhi University under the 75% Delhi University 
quota seats. However, they were held not entitled to seek admission against 
the 75% reserved State quota as they had studied outside their home State 
• 
under the 15% all-India quota. They were, thus, denied the opportunity to 
compete in the entrance examination held by the Delhi University for G 
admission to post graduate courses. Aggrieved, they have filed the present 
* 
petition. 
On behalf of the petitioners, it was contended that different criteria 
adopted by different States encroached upon the right of the students who had 
qualified MBBS by passing necessary entrance examinations and who H 
939 
940 
SUPREME COURT REPORTS 
[2001] 1 S.C.R. 
A migrated to other States from their home State; that such students did not 
get an opportunity for advancement of their career in their home State as 
,,._ 
~ 
they were debarred from admission on account of different criteria, either on 
account of reservation, on the ground of residential requirement in the 
migrating State or on the ground of institutional preference adopted by the 
B 
State or Union Territories or Universities; that the students who were 
classmates of the petitioner were eligible to pursue post graduate courses in 
their respective home States but the petitioner in their own homt State were 
being denied the opportunity to compete in the entrance examination to seek 
--4 
admission in post graduate courses; _that they got admission in M.B.B.S. 
after passing the entrance examination on the basis of all-India entrance 
c examination conducted by the respective institutions and, therefore, negation 
of opportunity to the petitioners to compete in the entrance examination was 
in gross violation of the fundamental rights as guaranteed under Article 14 
of the Constitution; that the criteria set out by different States to fill in the 
75% State quota to admission to post graduate medical courses did not 
D 
achieve any uniformity; that to strike a balance between the students who 
continued studies in their home States and those students who had pursued 
· studies in other Universities or States who were invidiously discriminated 
should be allowed to compete in their home States where they had rules to 
pursue their post graduate studies. 
E 
On behalf of the Delhi University, it was contended that in respect of 
Delhi University reservation was made in respect of 25% of the seats which 
were kept to be filled by on all-India basis against which any student from 
... 
anywhere in the country was entitled to compete and get selected and only the 
remaining 75% were reserved as permitted by Supreme Court in some 
previously decided cases; that petitioners having studied outside their home 
F State under the 15% all-India quota were not entitled to seek admission in 
Delhi University against the 75% Delhi University Seats; that admission in 
the institutions in which the petitioners did their M.B.B.S. C

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