Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions - Admission - Super-specialty courses - Reservation based on residence or institutional preference |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Education/Educational Institutions — Admission — super. “specialty courses — Reservation based on residence or institutional preference — Challenge to, on ground that it is absolutely against the national interest and plays foul of equality clause engrafted in the Constitution — Plea of writ petitioners that reservations made by the States of Andhra Pradesh and Telangana ushers in a state of inequality by putting the residents of the said States in one class solely on the foundation of domicile and others in a different category altogether without any rationale and, therefore, the entire action smacks of arbitrariness and unreasonableness — States of Andhra Pradesh and Telangana, however, drew support from the Presidential order, namely, Andhra Pradesh Educational Institutions (Regulations and Admissions) order 1974 issued under Article 371-D of the Constitution and G.O.P. No.646 dated 10" July, 1979 issued by the State of Andhra Pradesh — Their contention that the claim of the petitioners to appear in the entrance test conducted for admission into the medical super-specialty courses was contrary to the scheme of the Presidential Order and the 1979 circular ~ Submission made by the petitioners that though Article 371-D of the Constitution of India makes special provisions for the State, yet that would not extend to cover reservations as regards the super-specialty courses where merit alone matters — Plea of petitioners that there cannot be reservation of any kind in respect of post.-graduateor super speciality courses - It was urged that the State ofAndhra Pradesh and Telangana cannot apply the domiciletest only to admit its own students and that too also in respectof 15% quota meant for non-local candidates - Held: Theundivided State of Andhra Pradesh enjoys a special privilegegranted to it under Article 371-D of the Constitution and thePresidential Order - A scheme has been laid down in thecase of Dr. Pradeep Jain and the concept of percentage hadundergone certain changes ...: In Reita Nirankari, the samethree-Judge Bench clarified the position - However, in C.Surekha, the Court had expressed its view about theamendment of the Presidential Order regard being had tothe passage of time and the advancement in the State ofAndhra Pradesh - A hopeful observation was made in thecase of Fazal Ghafoor that the Government of India and theState Governments shall seriously consider this aspect ofthe matter without delay and appropriate guidelines shall beevolved by the Indian Medical Council so as to keep theSuper Specialities in medical education unreserved, openand free - The fond hope has remained in the sphere ofhope though there has been a progressive change - The·said privilege remains unchanged, as if to compete witheternity- Therefore, this Court echoes the same feeling andreiterates the aspirations of others so that authorities canobjectively assess and approach the situation so that thenational interest can become paramount - This Court doesnot intend to add anything in this regard- Consequently, thewrit petition as far as it pertains to the State of Andhra Pradeshand Telangana, is dismissed |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 807 |
Petitioner | Dr. Sandeep S/o Sadashivrao Kansurkar And Others |
Respondent | Union Of India And Others |
SCR | [2015] 14 S.C.R. 328 |
Judgement Date | 2015-10-27 |
Case Number | 444 |
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