LexINDIAN MEDICAL ASSOCIATION versus UNION OF INDIA & ORS.
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[2011] 6 S.C.R. 599 INDIAN MEDICAL ASSOCIATION v. UNION OF INDIA & ORS. (Civil Appeal No. 8170 OF 2009) MAY 12, 2011 [B.SUDERSHAN REDDY AND SURINDER SINGH NIJJAR, JJ.] Constitution of India, 1950: Article 12 - 'State' - Army WelfareEducation Society (AWES) and Army College of Medical Sciences (ACMS) - HELD: High Court has held that AWES and ACMS were neither instrumentalities of State nor could ACMS be held to A B c be an aided educational institution - Such determinations D always present issues of fact and of law - The Court is disinclined to over-rule the findings of the High Court in this regard. Article 15(5) read with Arlicle 162 - Admission to MBBS course - Reservation for Scheduled Castes, Scheduled E Tribes and socially and educationally backward classes of citizens - Exemption granted to ACMS by Delhi Government - HELD: The Notification dated 14-08-2008 issued by the Government of National Capital Territory of Delhi permitting the ACMS to allocate hundred percent seats in the said F college for admission to the wards of Army personnel is ultra vires the provisions of Delhi Act 80 of 2007 and also unconstitutional and, as such, is set aside - The power under Article 162 can not be claimed to set at nought a declared, specified and mandated policy enacted by the legislature - G Delhi Act 80 of 2007, and s.12, including both sub-s. (1) and (2) are clearly applicable, with respect to admission of students to ACMS - The admission procedures devised by Army College of Medical Sciences for admitting the students 599 H 600 SUPREME COURT REPORTS [2011] 6 S.C.R. A in the first year MBBS course from a pre-defined source, caNed out by itself and its parent society, are illegal and ultra vires the provisions of the Delhi Act 80 of 2007 - Respondents directed to admit the writ petitioners into the First Year of MBBS Course in ACMS, in the ensuing academic year, B notwithstanding the rank secured by them in the GET, by creating supernumerary seats if the writ petitioners still so desire, for they have been deprived of their legitimate right of admission to the course, for no fault of theirs - Delhi Professional Colleges or Institutions (Prohibition of Capitation c Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence) Act, 2007 - s. 12 - Doctrine of occupied field. Article 15(5) and 19(6) - Unaided non-minority educational institution - HELD: In view of Clause (5) of Article D 15 of the Constitution, the unaided non-minority educational institutions would have to comply with the State mandated reservations, selecting students within the specified reservation categories on the basis of inter-se merit - With respect to the remaining seats, the state insist that non- E minority private unaided institutions select the most meritorious students, as determined by the marks secured in the qualifying test - Both minority and non-minority unaided institutions have the right to admit students who have secured higher marks in the entrance test, and not an equivalence F between minority and non-minority institutions to engraft their own "sources" or "classes" of students from within the general pool - Non-minority private unaided professional colleges do not have the right to choose their own "source" from within the general pool - All of the permissible restrictions and G regulations under Clause (6) of Article 19 that non-minority institutions would be subject to, would also be applicable with respect to ACMS - It may indeed be the case that army personnel, particularly, those at the lower end of the hierarchy in the army, and their families, may be suffering from great H hardships - It would indeed be, and ought to be a matter of INDIAN MEDICAL ASSOCIATION v. UNION OF INDIA 601 & ORS. considerable national distress if persons who have agreed to A lay down their lilies, for the sake of national security, are not extended an empathetic understanding of their needs and aspirations - If any special provisions need to be made to protect the wards of Army personnel, this may possibly be done by the State, by laws protected by Clause (5) of Article B 15 - The private society, of former and current army personnel by themselves cannot unilaterally choose to do the same. Article 15(5), 14 and 38 read with Articles 32 and 226 - Reservation policy of State - Judicial review of - HELO: C provis
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