DR. PARAG GUPTA ETC. versus UNIVERSITY OF DELHI AND ORS

Citation: [2000] 3 S.C.R. 633 · Decided: 26-04-2000 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Case Partly allowed

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Judgment (excerpt)

- ... 
DR. PARAGGUPTAETC. 
v. 
UNIVERSITY OF DELHI AND ORS. 
APRIL 26, 2000 
[S. RAJENDRA BABU AND R.C. LAHOTI, JJ.] 
Education-Higher Education-Admission to Postgraduate Medical 
Courses : Petitioner, a resident of Delhi admitted to MBBS Course in Tamil 
Nadu on the basis of All-India competition under the 15% quota-Reservation 
of 75% seats at State level for admission to postgraduate courses and 25% 
seats to be filled on the basis of All-India Competition-Petitioner completed 
MBBS fmm Tamil Nadu-In Tamil Nadu 75% seats reserved for residents of 
Tamil Nadu itself-In Delhi 75% seats reserved for candidates completing 
graduate medical course fmm Delhi itself-Petitioner denied advantage of 
reservation in both the States-Entitled to admission only on the basis of All 
India competition limited to 25% seats-Held : Rule of residence preference 
on the basis of damicile or requirement of residence not bad in law pmvided 
it is within reasonable limits-Where students fmm different universities 
appear at a common entrance test, the rule of university-wise preference loses 
it relevance-Inclusion of students of home State leaving their State for 
pursuing graduate medical courses in other States would be disadvantageous 
to the students of home State only to a smaller degree-But such inclusion will 
bring uniformity all ave~- the country and will remove disadvantage existing 
for students pursuing graduate courses fmm other States. 
A 
B 
c 
D 
E 
In India there are 32 States and Union Territories which provide for 
F 
_ _... 
medical education and at the graduate level (MBBS) excepting Jammu & 
Kashmir and Andhra Pradesh, all the States and Union Territories pool 
15 % of seats to be filled from common entrance examination on all India 
basis. Rest of the 85 % seats are filled by holding entrance examination at 
the State level. In 15% seats filled on all India basis students from one 
State have to migrate to other State allotted to them for pursuing MBBS 
course. Out of the above mentioned 32 States and Union Territories, apart 
from Jammu & Kashmir and Andhra Pradesh, provide postgraduate medi-
cal courses on pooling 25 % seats to be filled on all India basis by a 
common entrance examination conducted by AIIMS. All MilBS qualified 
students can compete for admission without any restriction in this 25 % 
633 
G 
H 
A 
B 
c 
634 
SUPREME COURT REPORTS 
[2000) 3 S.C.R. 
quota and for filling the remaining 75% seats in post graduate courses the 
States or Union Territories have adopted different criteria for admission. 
Some States give institutional preference while some States give residential 
preference. The writ petitioner was born and brought up in Delhi and 
studied MBBS course in Tamil Nadu having been allotted to Tamil Nadu 
under the 15 % quota of seats being filled up on All India basis. The case of 
the petitioner is that neither he is being given preference in the State of 
Tamil Nadu for admission to post graduate course because the State of 
Tamil Nadu gives preference on residential basis nor he is being given 
preference in Delhi as preference in Delhi is given on institutional basis. 
Thus, the petitioner is only entitled to compete on 25 % seats reserved on 
all India basis. 
\ 
The petitioner contended that the different criteria adopted by dif-
ferent State encroach upon the rights of the students who have qualified 
MBBS under the 15 % all India quota who invariably migrate to other 
D 
States from their home-States and do not get any opportunity for advance-
- ment of their caree,r in their home-State as they are debarred from admis-
sion 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 State or Union Territo-
E 
ries or Universities. 
F 
G 
H 
Partly allowing the writ petitions, this Court 
.. 
HELD : 1. Presently, the practice all over the country is to make 15 % 
of the seats in the MBBS course and 25 % of the seats in postgraduate medical 
courses in all the government colleges in the country available on the basis 
of merit alone. Students from anywhere in the country can compete for 
these seats which are allotted on the basis of an All India test conducted by 
the designated authority. The rule of preference on the basis of domicile or 
requirement of residence is not bad provided it is within reasonable limits 
and does not result in reserving mo

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