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

Citation: [1987] 3 S.C.R. 744 · Decided: 03-08-1987 · Supreme Court of India · Bench: RANGANATH MISRA, M.M. DUTT · Disposal: Directions issued

Judgment (excerpt)

A 
DR. DINESH KUMAR & ORS. 
>.. 
v. 
MOTILAL NEHRU MEDICAL COLLEGE, 
ALLAHABAD & ORS. 
AUGUST 3, 1987 
B 
[RANGANATH MISRA AND M.M. DUTT, JJ.] 
( 
Professional Colleges-Medical Colleges-Admission to MBBS! 
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BDS Course-Implementation of Scheme and holding of All India 
Entrance Examination for filling up of 15% reserved seats-Directions 
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c of Court. 
Pursuant to this Court's directions regarding the reservation of 
seats for admission to different courses of study such as MBBS/BDS and 
Post Graduate Specialities and holding of an All India Entrance Exami· 
D 
nation therefor, contained in its judgment delivered in a group of writ 
petitions on June 22, 1984, a Scheme was prepared by the Medical 
Council of India, in consultation with various authorities, and sub· 
mitted to the Court. 
The Court considered the said Scheme along with objections and, 
by its order dated July 21, 1986 approved the Scheme and the syllabus 
E 
with modifications and the States were directed to bring their syllabi for 
the 12th year in line with the syllabus approved by this Court. The .,,_ 
Central Board of Secondary Education was directed to hold the All 
India Entrance Examination. The Scheme was intended to be imple· 
mented from the 1985·86 academic session but was deferred to 1986·87 
). 
academic session and later to 1987-88 academic session. 
F 
The revised Schemes in accordance with the Court's directions 
were not placed before the Court for confirmation/finalisation in the 
manner indicated by the Court and when the concerned authorities 
proceeded with making necessary arrangements for holding the All 
India Entrance Examination, several applications were moved object· 
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ing to the holding of the examination, in the absence of final clearance 
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from this Court. 
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On 30th April, 1987 thi~ Court restrained the States and their 
respective medical colleges froin filling up the 15% reserved seats in the 
first year MBBS course until further orders, and the States which had 
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not filed their objections were directed to do so. 
744 
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DJNESH v. MOTILAL NEHRU MEDICAL COLLEGE 
745 
Several States filed objections. The common objection was that A 
more time was needed to conveniently adapt to the switch-over as con-
templated by the Scheme and, therefore, implementation of the Scheme 
under the main judgment should be deferred at least for two more years. 
Another objection was that the syllabus-.:urriculum of study-in some 
of the States being different from the syllabus formulated under the 
orders of this Court, the students would be handicapped when taking B 
the entrance examination. Yet another objection was that the medium 
of study in the qualifying conrse being the State language, it wonld be 
difficult for the students to take the All India Entrance Examination in 
English. 
This Court, disposing of the objections, 
c 
HELD: 1.1 Ours is a large country and the level of education is 
not uniform throughout. Undoubtedly some States are more advanced 
than others in the field of education. The idea underlying the Scheme is 
to bring about a national cohesion and understanding and the Scheme 
has to be looked at from that stand point. In introducing a Scheme of D 
this type which requires a switch-over from the prevailing pattern, 
there is bound to be some inconvenience. Whether it is introduced now 
or two years after, it would indeed bring about a feeling of anxiety and 
uncertainty till one gets used to it. This is a part of human nature. 
There is general welcome to the Scheme, but there is an objection to 
its implementation. The Scheme is intended to be implemented and E 
if the Scheme is welcome, its implementation should also be received 
well. There could, therefore, be no room for objection at the thresh-
hold. [754E-F) 
1.2 It would be appropriate to bring the Scheme into operation 
from the coming year so that all the preliminaries can be properly F 
conducted and in regular course the students can seek admission to the 
1988-89 session. Accordingly, the authorities will bold the examination 
in June, 1988. [755C) 
It may be open to the State of Punjab to apply for directions of 
this Court when the Scheme is about to be implemented in case the G 
present law and order situation continues. [7540) 
1.3 As the Scheme syllabus had already been prepared, the Court 
had indicated in the order of July 21, 1986 that the courses of study at 
least for the 12th Class should

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