DR. PUNEET GULATI AND ORS. ETC. ETC. versus STATE OF KERALA AND ORS. ETC. ETC.

Citation: [2011] 10 S.C.R. 279 · Decided: 17-08-2011 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Disposed off
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Judgment (excerpt)

[2011] 10 S.C.R. 279 
DR. PUNEET GULATI AND ORS. ETC. ETC. 
A 
v. 
STATE OF KERALA AND ORS. ETC. ETC. 
(Civil Appeal Nos. 7037-38 of 2011) 
AUGUST 17, 2011 
[ALTAMAS KABIR, CYRIAC JOSEPH AND SURINDER 
SINGH NIJJAR, JJ.] . 
. 
Education/Educational institutions: 
Reservation for local students for admission to super 
specialty Medical Courses in the State of Kera/a commencing 
from the academic year 2010-2011 - Constitutional validity 
B 
c 
of - The prospectus for admissions provided tha( students Who 
had completed MBBS or Post-graduate courses.from Medical 0 
Colleges in' Kera/a and Doctors who had done. Rural Service 
in Kera/a, would be given preference for admission and 
students who were not from Kera/a would get a chance for 
admission only if there were no students from the State of 
Kera/a available for adrrilssion in the aforesaid courses -
After commencement of selection process, the prospectus 
E 
was amended limiting reservation in respect of candidates 
with Rural Service in Kera/a to 10% of the seats and enlarging 
the scope for students of Kera/a origin and children of 
members of All India Service in Kera/a - Students who were 
from outside Kera/a and had participated in the written 
examination, questioned the original as well as revised terms 
of the prospectus by way of writ petitions challenging the 
preferences and reservation provided to the local students in 
F 
the prospectus - High Court while allowing the claim of the 
candidates who were from outside Kera/a, on the ground that 
G 
100% reservation was unconstitutional, chose not to give any 
relief to the said students on the ground that the course had 
commenced mor:_e than 6 months prior to the matter being 
heard by the High Court - Held: The decision of High Court 
279 
H 
280 
SUPREME COURT REPORTS 
[2011] 10 S.C.R. 
l\ regarding the constitutional validity of the first and second 
prospectus reserving 100% of the seats in the super specialty 
course for students from Kera/a alone is upheld - However, 
since the appellant was not given admission to the said 
course, on the strength of an invalid policy, he deserved to 
B be accommodated in the said course in some way - Since 
by interim order, seats were set apart for the writ petitioners, 
appellants to be accommodated in one of the seats -
Accordingly directions passed. 
Saurabh Chaudri & ·Ors. v. Union of India & Ors. (2003) 
C 11 SCC 146: 2003 (5) Suppl. SCR 152 - referred to. 
Case Law Reference: 
2003 (5) Suppl. SCR 152 
referred to 
Para 5 
D 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
7037-7038 of 2011. 
From the Judgment & Order dated 06.04.2011 of the High 
Court od Kerala at Ernakulam in WA Nos. 1399 and 1429 of 
E 2010. 
F 
V. Giri,. S. Gopakumaran Nair, M.C. Dhingra, Gaurav 
Dhingra, John Methew, T.G.N. Nair, K.N. Madhusoodhanan, 
Anup Kumar, Romy Chacko, Liz Mathew, Amit Kumar, Ashish 
Kumar, Rekha Bakshi, Smita Madhu for the appearing parties. 
The Order of the Court was delivered by 
ALTAMAS KABIR, J. 1. Leave granted. 
2. This is a classic example where despite having 
G succeeded in the proceedings before the High Court, the 
Appellants have not got the fruits of their victory. Although, 
initially there were five petitioners in the two Special Leave 
Petitions (now appeals) which we are considering, during the 
pendency of the matters all the petitioners, other than Dr. Amish 
H Kiran Bhai Mehta, opted for separate disciplines and are no 
DR. PUNEET GULATI AND ORS. ETC. ETC. v. 
281 
STATE OF KERALA AND ORS. [ALTAMAS KABIR, J.] 
longer interested in admission to the Super Speciality Courses 
A 
concerned. The appeals are, therefore, confined only to Dr. 
Amish Kiran Bhai Mehta. 
3. The constitutional validity of reservations for local 
students by the State for admission to Super Speciality Medical 
8 
Courses in the State of Kerala, commencing from the 
academic year 2010-2011, was the subject matter of the writ 
petition before the learned Single Judge of the Kerala High 
Court. The prospectus for admissions provided that students 
who had completed MBBS or Post-graduate courses from 
C 
Medical Colleges in Kerala and Doctors who had done Rural 
Service in Kerala, would be given preference for admission and 
students who were not from Kerala would get a chance for 
admission only if there were no students from the State of 
Kerala available for admission in the aforesaid courses. 
4. Altogether, 85 seats were available for the Super 
Speciality Courses. in t
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