DR. PRACHI ALMEIDA versus DEAN, GOA MEDICAL COLLEGE AND ORS.

Citation: [2001] SUPP. 2 S.C.R. 519 · Decided: 03-09-2001 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Case Allowed
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Judgment (excerpt)

DR. PRACHI ALMEIDA 
A 
v. 
DEAN, GOA MEDICAL COLLEGE AND ORS. 
SEPTEMBER 3, 2001 
[S. RAJENDRA BABU AND DORAISWAMY RAJU, JJ.] 
B 
Education: 
Goa (Rules for Admission for Postgraduate Degree Courses of the Goa 
University at Goa Medical College) Rules, I 998; Rule llJ(J)(iiO-
C 
Medical Education-Postgraduate courses in Medicine and MDS-
Admission to-Eligibility criterion-Ten years residence in the State-I 5% 
all-India quota-Candidate obtained MBBS degree under I 5% all-India 
quota-Eligibility for admission to postgraduate course in Medicine-Held: If D 
such candidates are allowed to participate in the entrance test for admission 
to postgraduate medical courses it will not disturb the balance to any extent-
Hence, such candidates should be considered for admission irrespective of the 
rule of residence. 
The petitioner was admitted into the Medical College in the State under E 
the 15% all-India quota and was awarded the degree of MB.B.S. by the 
University. The petitioner applied for admission to the postgraduate Medical 
course but was denied admission on the ground that she did not fulfil the 
condition relating to residence in the State for a period of IO years in terms 
of the Goa (Rules for Admission for Postgraduate Degree Courses of the Goa 
University at Goa College) Rules. 1998. Hence this petition. 
F 
Allowing the petition, the Court 
HELD: I. The petitioner having been selected in the 15% all-India 
quota, allowed to study in the State, obtained graduation, her case should not 
be ignored on the basis of non-fulfilment of residential requireoent. The G 
students falling under the 15% all-India quota should be allowed to participate 
to compete in the State where they studied irrespective of the rule ofresidence. 
The argument of unfair advantage is not acceptable as all students have to 
attain a common standard with reference to the State in which they studied 
and the number of students of this nature will be very small. Out of the H 
519 
520 
SUPREME COURT REPORTS [2001] SUPP. 2 S.C.R. 
A students admitted in medical colleges in the State out of the 15% all-India 
quota, on completion of studies, many may prefer to return to their home 
State or take 25% all-India quota entrance examination and some others may 
not make the necessary grade to compete with the local students. If they are 
also allowed to participate in the entrance test for admission to postgraduate 
medical courses, it will not disturb the balance to any extent but, on the other 
B hand, achieve uniformity to an extent. This principle is evolved on dictates of 
necessity and the need for adjusting equities in the matter of fair and proper 
implementation of the scheme evolved for providing a quota of seats to be 
filled up on an all-India basis of merit performance. (524-F] 
C 
Dr. Parag Gupta v. University of Delhi, (2000] 5 SCC 684; Dr. Pradeep 
Jain v. Union of India, [1984] 3 SCC 654; Dr. Dinesh Kumar !Iv. Motilal Nehru 
Medical College, [1986] 3 SCC 727; State of Rajasthan v. Dr. Ashok Kumar 
Gupta, (1989[ l SCC 93; Anant Madan v. State ofHaryana (1995[ 2 SCC 135; 
D.P. Joshi v. State of MP .. (1995] l SCR 1215; Sanjay Ahlawat v. Maharishi 
Dayanand University, [1995] 2 SCC 762 and Dean, Goa Medical College v. Dr. 
D Sudhir Kumar Solanki CA.No., 1966 of 2000 decided by Supreme Court on 3-
9-2001, referred to. 
2. The respondents are directed to consider the case of the petitioner 
for admission to postgraduate course for the year for which she had applied 
if she could have been on the basis of her performance, selected to an 
E appropriate course chosen by her in that year without reference to Rule 
III(l)(iii) of the Goa (Rules for Admission for Postgraduate Degree Courses 
of the Goa University at Goa Medical College) Rule, 1998 relating to the 
requirement of 10 years residence. [524-F-G] 
F 
G 
CIVIL ORIGINAL JURISDICTION : Writ Petition (c) No. 420 of 
2000. 
(Under Article 32 of the Constitution of India.) 
In-person for the petitioner. 
S.S. Javali and Ms. A. Subhashini for the Respondent Nos. 1-2. 
Maninder Singh for the Respondent No.4 
The Judgment of the Court was delivered by 
H 
RAJENDRA BABU, J. The petitioner before us was admitted into 
PRACHI ALMEIDA v. DEAN, GOA MEDICAL COLLEGE [RAJENDRA BABU, J.] 521 
Goa Medical College under the 15% all-India quota. She passed out of the A 
College in 1998 and completed the internship successfully, namely, rural 
posting in Goa and the remaining nine months in a hospital
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