LexTAMIL NADU MEDICAL OFFICERS’ ASSOCIATION & ORS. versus UNION OF INDIA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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TAMIL NADU MEDICAL OFFICERS’ ASSOCIATION & ORS.
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 196 of 2018)
APRIL 13, 2018
[KURIAN JOSEPH, MOHAN M. SHANTANAGOUDAR AND
NAVIN SINHA, JJ.]
Post Graduate Medical Education Regulations, 2000:
Regulation 9 (IV) and (VII) [after amendment dated 5-4-2018
– Regulation 9(4) and (8)] – Power of State to provide for reservation
in favour of in-service candidates in respect of 50% of the seats
granted to States for admissions to Post-Graduate Medical Courses
– Further stating that the decision passed in *Dinesh Singh Chauhan
case (wherein s. 9 was the subject matter) was passed without taking
into consideration judgment passed by Constituional Benches on
the aspect of legislative competence under List I, Entry 66 and List
III, Entry 25 of VII Schedule of the Constitution – Held: The plea
regarding legislative competence was neither raised nor was
considered in Dinesh Singh Chauhan case – Constitution Bench
judgments were also not taken into consideration – Therefore, the
petitions require consideration by a larger Bench – Petitions to be
referred to larger Bench – Constitution of India – Art. 32; Schedule
VII List I, Entry 66; List III, Entry 25 – Education/Educational
Institutions.
*State of Uttar Pradesh and Others v. Dinesh Singh
Chauhan (2016) 9 SCC 749 : [2016] 6 SCR 571;
R. Chitralekha and Another v. State of Mysore and
Others [1964] 6 SCR 368; Kumari Chitra Ghosh and
Another v. Union of India and Others (1969) 2 SCC
228 : [1970] 1 SCR 413; Gujarat University and
Another v. Krishna Ranganath Mudholkar and Others
[1963] Suppl. 1 SCR 112 – referred to.
Case Law Reference
[2016] 6 SCR 571
referred to
Para 5
[1964] 6 SCR 368
referred to
Para 6
[2018] 3 S.C.R. 541
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SUPREME COURT REPORTS
[2018] 3 S.C.R.
[1970] 1 SCR 413
referred to
Para 61
[1963] Suppl. 1 SCR 112
referred to
Para 11
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
196 of 2018.
Under Article 32 of the Constitution of the India
WITH
Writ Petition (C) Nos. 252, 295 and 293 of 2018.
Mukul Rohatgi, Arvind Datar, K. V. Vishwanathan, Vikas Singh,
R. Venkatramani, Ajit Kumar Sinha, V. Giri, Sr. Advs., Ajay Bhargava,
Ms. Vanita Bhargava, Ms. Saman Ahasn, Aayush Jain, Kunal Vajani,
Ankur Ved Tuli (For Ms/. Khaitan & Co.), Gaurav Sharma, Dhawal
Mohan, Amandeep Kaur, Prateek Bhatia, Abhishek, Shresty Banerjee,
Ms. Mansi Sharma, Jose Abraham, M. P. Srivignesh, Yashraj Bundela,
Sreenath S., Sarad Kumar Singhania, Dr. Nilesh Sharma, Gurmeet Singh
Makker, K. V. Vijaykumar, Ms. Maitreyee Mishra, K. V. Ram Kumar,
G. Prakash, Jishnu M. L., Mrs. Priyanka Prakash, Mrs. Beena Prakash,
Vijay Shankar V. L., Advs. for the appearing parties.
The following Order of the Court was delivered
O R D E R
1. Issue notice in the fresh writ petitions.
2. Standing Counsel for the concerned States, Union of India and
Medical Council of India appear and accept notice for the respective
parties.
3. In these writ petitions, Regulation 9(IV) and (VII), after
amendment dated 05.04.2018 – Regulation 9(4) and (8) of the Post
Graduate Medical Education Regulations, 2000, as framed by the Medical
Council of India, are under challenge.
4. To get a comprehensive idea, Regulation 9, to the extent relevant
up to sub-regulation (8), reads as follows:-
“9. Procedure for selection of candidate for Postgraduate
courses shall be as follows:-
(1) There shall be a uniform entrance examination to all medical
educational institutions at the Postgraduate level namely
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‘National Eligibility-cum-Entrance Test’ for admission to
postgraduate courses in each academic year and shall be
conducted under the overall supervision of the Ministry of
Health & Family Welfare, Government of India.
(2) The “designated authority” to conduct the ‘National
Eligibility - cum-Entrance Test’ shall be the National Board
of Examination or any other body/organization so designated
by the Ministry of Health and Family Welfare, Government
of India.
(3) In order to be eligible for admission to Postgraduate Course
for an academic year, it shall be necessary for a candidate
to obtain minimum of marks at 50th percentile in the
‘National Eligibility-Cum-Entrance Test for Postgraduate
courses’ held for the said academic year. However, in
respect of candidates belonging to Scheduled Castes,
Scheduled Tribes, and Other Backward Classes, the
minimum marks shall be aExcerpt shown. Read the full judgment & AI analysis in Lexace.