Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950: Article 371(2)(c) Medical Council Act 1997: Regulations 5(2) & (3) Constitution of India 1956: S.33 Education: Admission to Professional Courses-Medical: Regulations on Graduate Medical Education |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Education- Admission to Professional Courses-Medical:Regulations on Graduate Medical Education, 1997: Regulations 5(2) & (3).Admission -Medical Colleges-Selection-Mode of-Common Entrance Examination-Admission to several Medical Colleges to different Universities in the State was made on the basis of qualifying examination conducted by more than one Board-Held: The State fell under Regn. 5(2) and not under Regn. 5(3)-Hence, admission to Medical College in such a State must be made on the basis of Common Entrance Examination-Number of students passing out from one Board being very small, immaterial-Also State's plea that Common Entrance Examination being extremely difficult would prolong the admission process, rejected-Assuming that medical education falls within Article 3 71 (2)(c) the said admission process would not come in the way of implementation of the provisions of that Article-Medical Council Act, 1956, S.33. Constitution of India, 1950; Article 371(2)(c). Constitution of India, 1950: Article 371(2)(c). Scope-Medical education-Covering of-Conclusive opinion not given. The respondent-State made admissions to Medical Colleges affiliated to various Universities in the State solely on the basis of marks obtained at the qualifying examinations conducted by three different Boards. The petitioner filed a writ before this Court for the issue of a writ or direction commanding the respondent-State to hold a Common Entrance Examination for admission to the Medical Colleges in the State as required under Regulation 5(2) of the Regulations on Graduate Medical Education, 1997 made by the Medical Council of India.On behalf of the respondent-State it was contended that the State did not fall under Regulation 5(2) but fell under Regulation 5(3); that the students who passed from CBSE represented only 0.5% or 0.8% of the students who passed the qualifying examination; that it would be difficult to implement the directions of the Governor issued under Article 371(2)(c) of the Constitution requiring the admissions made Development-region wise by Development Boards constituted for different regions if a Common Entrance Examination were held; and that a Common Entrance Examination would be an extremely arduous task which would prolong the admission process. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1998 INSC 116 |
Petitioner | Ravindra Kumar Rai |
Respondent | State Of Maharashtra And Ors. |
SCR | [1998] 1 S.C.R. 1146 |
Judgement Date | 1998-02-27 |
Case Number | 649 |
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