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

Citation: [1988] 1 S.C.R. 351 · Decided: 25-09-1987 · Supreme Court of India · Bench: RANGANATH MISRA, M.M. DUTT · Disposal: Directions issued

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Judgment (excerpt)

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DR. DINESH KUMAR & ORS. 
v. 
MOTILAL NEHRU MEDICAL COLLEGE, 
ALLAHABAD & ORS . 
• 
SEPTEMBER 25, 1987 
[RANGANATH MISRA AND MURARI MOHON DUTT, JJ.) 
Professional Colleges-Medical Colleges-Admission to Post 
Graduate Courses-Structuring of courses-Common pattern and 
uniform system-Necessity for-Holding of all India examination for 
reserved seats-Directions by Court. 
Sequel to the main judgment delivered on June 22, 1984 by this 
Court in Dr. Pradeep Jain, etc., etc. v. Union of India and others, 
(1984] 3 SCR 942 regarding admission for fixed percentage of seats in 
different courses of study in the medical faculties on an All India basis, 
A 
B 
c 
the question of finalising the scheme for holding the All India Examina-
D 
lion to fill up 25% seats reserved on the basis of institutional preference 
for admission to the post graduate courses like MDS, MS etc. came up 
before this Court. 
Laying down a detailed programme relating to selection examina-
tion, the Court, 
E 
HELD: Apart from finalising the schedule for holding of the 
selection examination, three aspects or the matter, viz. (1) structuring 
the Post Graduate courses, (2) the question of diploma being a qualifi-
cation for admission to such courses as In Tamil Nadu, and (3) provision 
in regard to super specialities, like M.D. and other higher degrees 
F 
require consideration. 13540] 
In some States at present the post graduate course is for a term of 
two years with housemanship of one year while in other States it is a full 
term of three years. If a common pattern is directed to be adopted 
immediately there may be some difficulty. A uniform practice has to be G 
evolved so that the discipline would be introduced. The present 
arrangement will, therefore, continue for a period or five years. i.e., 
upto 1992. [354E-FI 
For admission beginning from 1993, there would be only one 
pattern, namely, a three year course without any housemanship. All 
H 
351 
352 
SUPREME COURT REPORTS 
[1988] l S.C.It 
A 
Universities and institutions shall take timely steps to bring about such 
amendments &fl may be necessary ih accord With this direction before 
the end of 1991 so that there may be no scope for raising of any dispute. 
The uniform pattern has to be implemented for 199:}. [354F-G J 
It is proper that one uniform system is brought into operation 
B 
throughout the country. The system now prevailing in the State of 
Tamil Nadu regarding the diploma shall continue until 1992. From 1993 
-v-· 
there would be no necessity for the diploma to be a qualification tor 
' 
admission to post graduate courses. [354G-H; 35SA] 
In regard to super specialities and other higher degrees, the 
C 
number of such seats are not many and, therefore, there is no necessity 
to make any directions in regard to admissions therefor at present and 
-{ ...
until necessity arises it is not appropriate that the Court should consider 
that question. [355Bl 
D 
The announcement for holding of examination for the selection of 
1988 shall be made on October 1, 1987. As already decided, the exami-
nation shall be conducted by the All India Institute of Medical Sciences, 
New Delhi. [355G l 
ORIGINAL JURISDICTION: Civil Misc. Petition No. 7667 of 
~ 
E 
1987. 
F 
G 
In 
Writ Petition Nos. 348-352 of 1985. 
(Under Article 32 of the Constitution oflndia). 
Madan Lokur for the Petitioners. 
G. Viswanatha Iyer, P.K. Pillai, M.K.D. Namb6odary for the 
State of Kerala. 
J .R. Das and D.K. Sinha for the State of West Bengal. 
A.K. Ganguli, Mariapputham for the State of Himachal Pradesh. 
A.M. Khanwilkar and A.S. Bhasme for the State of Mahara-
H shtra. 
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DINESH KUMAR v. M.N. MEDICAL COLLEGE 
353 
K.H. Nobin Singh for the State of Kamataka. 
B.R. Aggarwala, and Ms. S. Manchanda for Medical Council of 
India. 
D.N. Devedi, R.P. Srivastava, Mrs. Halida Khatun and Ms. A. 
A 
Subhashini for the Union of India. 
B 
P.H. Parekh, E.K. Jose, B.D. Sharma, M.I. Khan, D.N. 
Devedi, R.P. Srivastava, P, Parmeshwaran, Mrs. S. Dikshit, A.V. 
Rangam, R. Bana, M. Veerappa, B.R. Aggarwal, B.D. Sharma, R.C. 
Verma, C. V. Subba Rao, D.K. Sinha, J.R. Dass, M.E. Sardhana, 
S.K. Nandy, A.S. Bhasme, A.M. Khanwilkar, P.P. Singh, R.K. 
Mehta, T.V.S. Chari, A.K. Sanghi, M.N. Shroff, D. Goburdhan, 
Suryakant, H.K. Puri, M.K.D .. Namboodary, B.P. Singh, K. 
Ramkumar, E.M.S. Anam T.V. Ratnam, L.R. Singh, D.R. Agarwal, 
R.S. Sodhi Mrs. Sushma Suri, A. Subba Rao, Prabir Choudhary, D.N. 
Mukherjee, S.K. Mehta, M.K. Garg, P. Parm

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