STATE OF MAHARASHTRA versus MINOO NOAZER KAVARANA & ORS.

Citation: [1989] 2 S.C.R. 710 · Decided: 24-04-1989 · Supreme Court of India · Bench: M.M. DUTT · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
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D 
E 
F 
STATE OF MAHARASHTRA 
v. 
MINOO NOAZER KAVARANA & ORS. 
APRIL 24, 1989 
[MURARI MOHON DUTT AND T.K. THOMMEN, JJ.) 
Professional Colleges-Admission to. Medical Colleges run by 
Municipal Corporation/State Government in Bombay-Reservation of 
seats for local and outside students-Validity of-No unreasonableness 
or impropriety in State Government filling up the local seats first-
Creation of additional seats-Concurrence of Indian Medical Coun-
cil-Necessity for. 
The appellant-State by virtue of the judgment in Nidamarti 
Maheshkumar v. State of Maharashtra & Ors., [1986) 2 SCC 534, after 
providing 15 per cent of seats under the All India Onota and under 
Article 15 of the Constitution for admission to MBBS course, laid down 
the policy of reservation of the remaining seats for local students in the 
city of Bombay and for students from outside Bombay but within th~ 
State of Maharashtra, in the ratio of70:30. 
<" 
In the writ petitions preferred by the respondents a Single Judge 
of the High Court took the view that 30 per c_ent of seats meant for 
students from outside Bombay should have been filled in before 70 per 
cent of seats were filled in by local students. The Division Bench dis-
missed the Letters Patent Appeal by the State. In the Letters Patent 
Appeals by the respondents it directed creation of five additional seats 
in each of the three Municipal Medical Colleges and four additional 
seats in the Government Medical College. 
Allowing the appeals, 
HELD: I. There was no unreasonableness or impropriety in the 
State Government's decision to fill up 70 per cent of seats first. The 
G 
question whether the seats reserved for local students or for those resid-
ing outside Bombay should be filled up first was not within the purview 
or the jurisdiction of the Court. The High Court was, therefore, not 
justified in directing admission on the basis of filling up 30 per cent of 
seats first. [713C-ri] 
H 
2. The Additional seats can be created only if the Indian Medical 
710 
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STATE OF MAHARASHTRA '· M.N. KAVARANA 
711 
Council approves of it. There is also the question of bearing the cost of A 
creation of such seats. In the instant case, neither the Government nor 
the Indian Medical Council had consented to such creation. In excep· 
tional circumstances and for ends of justice, the court may direct the 
creation of one or two seats after giving the Indian Medical Council an 
opportunity of being heard. The High Court, therefor_e, should not have 
B 
directed the creation of so many additional seats. [713E·G I 
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• 
[Appropriate directions issued for .admission to four s~ats in the. 
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Grant Medical College in Bombay and thirty four seats in' the other 
Medical Colleges outside Bombay available under the All India Quota.] 
.CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2488 
of 1989 etc. etc . 
From the Judgment and Order dated 24.1.1989 of the Bombay 
High Court in Appeal No. 67 of 1989. 
G. Ramaswamy, Additional Solicitor General, A.M. Khanwil· 
kar and A.S. Bhasme for the Appellant. 
c 
D 
T.R. Andhrujina, R.F. Nariman, Mrs. K.K. Pradhan, R. Karan-
jawala, Mrs. Manik Karanjawala, H.S. Anand, P.B. Agarwal, P.G. 
Gokhale, R.B. Hathikhanawala, K.R. Nagaraja, R.S. Hegde, S. 
E 
Menon, M.C. Shah, Madan Lokur, Adur Sanjay Vasant, and Mrs. 
Urmila Sirur for the Respondents . 
Mrs. Kitty Kumaramangalam, Kailash Vasdev, Ms. Vijaylaxmi 
and .S.P. Pandey for the Intervener. 
The Judgment of the Court was delivered by 
DUTT, J. Special leave is granted in all these matters. Heard 
learned Counsel for the parties. 
F 
These appeals preferred by the State of Maharashtra involve the G 
question as to the admission in the MBBS Course in the Medical 
Colleges in the State of Maharashtra. In the city of Bombay, there are 
three Medical Colleges run by the Municipal Corporation of Greater 
Bombay. Besides the said three Municipal Colleges, there is another 
College in Bombay, namely, Grant Medical College, which is a 
Government College run by the Government of Maharashtra. 
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712 
SUPREME COURT REPORTS 
[1989] 2 S.C.R. 
A 
Shorn of all details, it may be stated that after providing for 15 
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per cent of seats under the All India Quota and the seats which are to 
B 
be reserved under Article 15 of the Constitution of India, the Govern-
ment of Maharashtra laid down a policy of reservation of 70 per cent of 
the remaining seats for the local students in

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