DINESH KUMAR & ORS. versus MOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS

Citation: [1986] 3 S.C.R. 345 · Decided: 21-07-1986 · Supreme Court of India · Bench: P.N. BHAGWATI, RANGANATH MISRA · Disposal: Modified

Cited by 5 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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DINESH KUMAR & ORS. 
v. 
MOTILAL NEHRU MEDICAL COLLEGE, 
ALLAHABAD & ORS 
JULY 21, 1986 
[P.N. BHAGWATI, C.J. AND R.N. MISRA J.] 
Professional. Colleges-Admission 
to 
Medical 
Co/leges-
Graduate and Post-Graduate Courses-Reservation of seats-Holding 
of All-India Entrance Examinations-No weightage for rural service in 
admission to Post-Graduate Courses. 
By its main judgment in the case, the Court on 22nd June 1984 
fixed the outer limit of reservation of seats in the medical colleges in the 
State for admission to the MBBS and BDS courses at 70 per cent. In 
respect of the resultant 30 per cent of the open seats thus available for 
admission of students on All Irtdia basis irrespective of the State or 
University from which they come, it directed that such admission shall 
be granted purely on merit on the basis of either an All India Entrance 
Examination or entrance examination to be held by the State. In regard 
to admission to post-graduate courses such as MD, MS and the like, 
taking note of the institutional preference it took the view that such 
reservation should not in any event exceed 50 per cent of the total 
number of open seats available for admission. 
On the failure of the Government of India and the Indian Medical 
Council to make necessary arrangements for holding an All-India Entr-
ance Examination, the Court directed the Indian Medical Council to 
come forward with a scheme of examination for regulating admission to 
non-reserved seats for the above courses. 
Pursuant to a direction of the Court given on September 16, 1985 
the Ministry of Health, Government of India convened a meeting of the 
Deans of Medical Faculties of various Universities, Health Secretaries 
of various State Governments, the representatives of the Medicai 
Council of India, Dental Council of India, National Board of Examina-
tions, National Academy of Medical Sciences and the Central Board of 
345 
A 
B 
c 
D 
E 
F 
G 
H 
346 
SUPREME COURT REPORTS 
[1986] 3 S.C.R. 
A 
Secondary Education to consider the schem~ prepared by the Medical 
1 
Council of India, which was then modified and redrafted. 
When the revised scheme submitted by the Government of India 
was taken up for consideration counsel for various State Governments 
B 
made their submissions pleading for certain changes in the scheme. 
c 
D 
E 
F 
Modifying the main judgment, the Court directed: 
1. The All-India Entrance Examination should be held in the 
English language. Since the medium of instruction in the MBBS/BDS 
course and post-Graduate courses is in English and the entire medical 
edncation is being imparted in the English language throughout the 
country, and it is not practically feasible to hold the All-India Entrance 
Examination in diverse regional languages. [354A-B] 
2.1 To be fair and just and to bring about real equality of op-
portunity in admission to the MBBS/BDS course without placing the 
students in one State in an advantageous or disadvantageous position as 
compared to the students in another State not less than 1 S per cent of 
the total number of seats in each medical college or institution, without 
taking into account any reservations validly made, shall be filled on the 
basis of All-India Entrance Examination, in modification of the formula 
adopted in the main judgment. [35SF-G I 
2.2 The same formula must apply also in regard to admissions to 
the post-Graduate courses, and instead of making available for admis-
sion on all-India basis SO per cent of the open seats, after taking into 
account reservations validly made, not less than 25 per cent of the total 
number of seats without taking into account any reservations, shall be 
made available for being filled on the basis of All-India Entrance 
Examination. 
3. The students from the States of Andhra Pradesh and Jammu 
and Kashmir should not be entitled to appear in the All-India Entrance 
G 
Examination, unless these States agree to make not less than IS per cent 
of the total number of seats for the MBBS/BDS course and not less than 
25 per cent of the total number of seats for the post-graduate courses in 
t 
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their respective medical colleges or institutions available for admission 
'r-
on the basis of All-India Entrance Examination. 
H 
4. The syllabus for the All-India Entrance Examination framed 
* 
DINESH v. M.L. NEHRU MEDICAL COLLEGE 
347 
by the Medical Council of India and accepted by the Goverrunent of 
India and all the State Governments, except the State of Ma

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