All PGs are Equal - Supreme Court

PETITIONER:
DR. DINESH KUMAR & ORS. A
Vs.

RESPONDENT:
MOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS.

DATE OF JUDGMENT25/09/1987

BENCH:
MISRA RANGNATH
BENCH:
MISRA RANGNATH
DUTT, M.M. (J)
ACT:
Professional Colleges-Medical Colleges-Admission to
Post Graduate Courses-Structuring of courses-Common pattern
and uniform system-Necessity for-Holding of all India
examination for reserved seats-Directions by Court. C
JUDGMENT:
ORIGINAL JURISDICTION: Civil Misc. Petition No. 7667 of
1987.
In
Writ Petition Nos. 348-352 of 1985.
(Under Article 32 of the Constitution of India).
Madan Lokur for the Petitioners.
G. Viswanatha Iyer, P.K. Pillai, M.K.D. Namboodary for
the State of Kerala

B.R. Aggarwala, and Ms. S. Manchanda for Medical
Council of India.
D.N. Devedi, R.P. Srivastava, Mrs. Halida Khatun and
Ms. A. Subhashini for the Union of India.


The following order of the Court was delivered

Three aspects of the matter require consideration of
this Court apart from the question of finalising the
schedule relating to holding of the selection examination
and those are: (1) structuring the Post Graduate courses (2)
the question of diploma being a qualification for n
admission in Post Graduate course as prevailing in the State
of Tamil Nadu and (3) Provision in regard to super
specialities like MD and other higher degrees.

A uniform practice has to be evolved so that the
discipline would be introduced.
We accordingly allow the
present arrangement to continue for a period of five years
i.e. upto 1992 inclusive. For admission beginning from 1993
there would be only one pattern

All Universities and institutions
shall take timely steps to bring about such amendments as
may be necessary to bring statutes, regulations, and rules
obtaining in their respective institutions in accord with
this direction before the end of 199 1 so that there may be
no scope for raising of any dispute in regard to the matter.
The uniform pattern has to be implemented for 1993.

It is proper that one uniform system is brought into
vogue throughout the country. The justification for such a
course has been appropriately emphasised both in the main
judgment as also in the intermediate order made by us and
there is no necessity to reiterate the reasoning now


All directions necessary for the Post Graduate courses
are now complete. We direct the Union of India, the Medical
Council of India, H
356
the State Governments, Universities, Medical Institutions
and all other authorities that may be involved in
implementation of the scheme to give full effect to the
orders and direction made by this Court in the proper spirit
so that the scheme may become operative as directed. We make
it clear that no application for any modification of matters
already covered by our order henceforth shall ordinarily be
entertained.
A copy of this order shall be communicated forthwith
to the Chief Secretary of every State and Union Territory
for compliance. A copy of it be also sent to the Director
General, All India Radio and Doordarshan for appropriate
publicity of the order in general interest.
N.P.V.
357