AMANJIT SINGH GILL ETC. versus DIRECTOR GENERAL OF HEALTH SERVICES ETC

Citation: [1988] SUPP. 3 S.C.R. 905 · Decided: 21-11-1988 · Supreme Court of India · Bench: M.M. DUTT · Disposal: Disposed off
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Judgment (excerpt)

AMANJIT SINGH GILL ETC. 
A 
v. 
DIRECTOR GENERAL OF HEALTH SERVICES ET<::. 
NOVEMBER 21, 1988 
[MURARI MOHON DUTT AND S. NATARAJAN, JJ.J 
B 
Professional Colleges-Admission to. 
Medical Colleges-Admission to-All India Entrance Examina-
tton for MBBS/BDS course-Vacant seats as a result of drop nut ,in 
number of candidates allocated seats-Guidelines issued by Court for C 
allocation of vacant seats. 
The petitioners in the writ petitions had been .allotted seats in 
MBBS/BDS courses In various Medical/Dental Colleges. They sought 
change, and wanted admissions in colleges which were near their home-
towns. 
D 
The Union of India, re~pondent in the writ petitions also filed 
Civil Miscellaneous Petitions &eeking directions of the Court in the mat· 
ter of the allocation of 532 vacant seats in the medical colleges In the 
MBBS/BDS courses pursuant to the result of the All India Entrance 
Examination conducted by the Central Board of Secondary Education, E 
New Delhi. 
Disposing of the Writ and Civil Miscellaneous petitions the Court 
laid down guidelines to be followed: 
HELD: 1. The candidates, who have been allocated seats to the F 
Dhanbad Medical College which Is not a recognised College, by the 
Medical Council of India should first be reallocated to the recognised 
medical colleges having vacancies keeping In view the minimum 
distance from their home-town•. [907H; YO~AJ 
2. Those candidates wli11 have exercised their choice for MBBS G 
c!lurse only or to MBBS course by way of first preference and to BDS 
course by way of second preference and admitted to BDS Course .for 
want of seats in the MBBS Course shall, if they or any of them desire to 
be admitted In the MBBS Course, be absorbed against the available 
vacant seats in order of merit. [908B-C! 
905 
H 
906 
SUPREME COURT REPORTS 
[1988] Supp. 3 S .. C.R. 
A , 
3." The ·~ac~l!t Millis o~ !JQ~ ~eatfa;: ~hei:eaf!er available. sl!ould 
· he offered to the candidates on the waiting list in ortler of merits. [908CJ 
B 
4. The candidates will be given maximum time of twenty days 
· to join the medical colleges, failing with the seats will be declared 
vacant. [908F] 
5. The ;illocation of MBBs seats already made shall not be 
disturbed. [908F] 
6, The Director General of Health Services, shall consider the 
C 
question of allotment to candidates, who have been already admitted to 
MBBS or BDS Course, nearer to their home-town in order of merit. [908Gl 
[The Director General of Health Services to deal with the cases of 
the petitioners in the different writ petitions and also the cases of the 
other candidates in accordance with the above guidelines and dispose of 
D 
the same within a period of three weaks.] l9IOBJ 
E 
ORIGINAL JURSIDCTION: Writ Petition (Civil) No. 961 of 
1988Etc. 
(Under Article 32 of the Constitution of India). 
Kuldip Singh, Additional Solicitor General, Rajindra Lal 
Chopra, A.S. Pundir, Bharat Sangal, Dr. (Mrs.) Roxna S. Swamy, 
M.C. Dhingra, Prem Malhotra and Ms. A. ·subhashini for the 
Petitioners. 
F 
Madan Lokur, Manik Karanjawala, C.M. Nayyar arid S.K. 
Mehta for the Respondents. 
The Judgment of the Court was delivered by 
DUTT, J. These writ petitions relate to the allocation of seats in 
G 
medical colleges in the MBBS/BDS Course pursuant to the result of 
the All India Entrance Examination conducted by the Central Board 
· of Secondary Education, New Delhi, in respect of 15 per cent of the 
total number of MBBS/BDS seats· in ·medical colleges of different 
States. 
H 
Before dealing with the individual writ petitions, we may refer to 
A.S. GILL v. DIRECTOR GENERAL [DUTT, J.] 
907 
an application made by the Union of India being C.M.P. No. 29264 of 
1988 In Writ Petition (Civil) No. 348-52 of 1985 praying for suitable 
directions in the matter of allocation of vacant seats. It has been stated 
in this application that the results of the All India Entrance Examina-
tion conducted by the Central Board of Secondary Education for 
admission in the MBBS/BDS Course were declared on July 15, 1988. 
A merit list of 1,600 candidates together with a waiting list of 1,000 
candidates was sent to the Director General of Health Services by the 
Central Board of Secondary Education for making allocations of 
candidates to various medical colleges for admission to MBBS/BDS 
Course, as the case may be. The Director General of Health Services 
allocated 1,428 candidates to MBBS Course and 111 candidates to 
BDS Course in the various medical/dental c
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