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Dr. Pradeep JaIn and ors. Vs. Union of India (Uoi) and ors. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Case NumberWrit Petitions Nos. 6091, 8882-83, 9219 and 9820 of 1983, Civil Appeal No. 6392 of 1983 and Civil Mi
Judge
Reported inAIR1984SC1420; (1984)86BOMLR626; (1984)IILLJ481SC; 1984(1)SCALE894; (1984)3SCC654; [1984]3SCR942
AppellantDr. Pradeep JaIn and ors.
RespondentUnion of India (Uoi) and ors.
Appellant Advocate V.M. Tarkunde,; A.K. Srivastava,; S.K. Jain,;
Respondent Advocate K.G. Bhagat, Additional Solicitor General, ; A. Subhashini and ;
Prior historyFrom the Judgment and Order dated August 17, 1983 of the Delhi High Court in C.W.P. No. 1791 of 1983
Excerpt:
.....in education reservation may be provided for students passing out of same medical college where admission for post graduate medical course sought - limit is subjected to fact that reservation should not exceed 50 percent of total open seats available for admission. - [ b.p. sinha, c.j.,; a.k. sarkar,; j.c. shah,; k. subba rao and; p.b. gajendragad, jj.] the appellants were prosecuted for having committed offences under s. 120b read with ss. 302 and 436 of the indian penal code and their case was taken up for trial before the third tribunal constituted under the west bengal tribunals of criminal jurisdiction act, 1952 (w.b. act xiv of 1952). by a notification dated september 12, 1952, and issued under s. 2(b) of the act the government of west bengal declared the whole area within the..........learned brother bhagwati, j.42. some of the students seeking admission to the mbbs course, in this academic year have made an application to this court that the judgment delivered on 22nd june, 1984 in the medical admission cases may be given effect to only from the next academic year, because admissions have already been made in the medical colleges attached to some of the universities in the country prior to the delivery of the judgment on 22nd june, 1984 and moreover some time would be required for the purpose of achieving uniformity in the procedure relating to admissions in the various universities. we accordingly issued notice on the application to the learned advocates who had appeared on behalf of the various parties at the hearing of the main writ petitions as also to the.....
Judgment:
ORDER

41. With these observations I agree with the Orders passed and the directions given by my learned brother Bhagwati, J.

42. Some of the students seeking admission to the MBBS course, in this academic year have made an application to this Court that the Judgment delivered on 22nd June, 1984 in the medical admission cases may be given effect to only from the next academic year, because admissions have already been made in the medical colleges attached to some of the Universities in the country prior to the delivery of the judgment on 22nd June, 1984 and moreover some time would be required for the purpose of achieving uniformity in the procedure relating to admissions in the various Universities. We accordingly issued notice on the application to the learned advocates who had appeared on behalf of the various parties at the hearing of the main writ petitions as also to the Attorney General and after hearing them, we have come to the conclusion and this is accepted by all parties that in view of the fact that all formalities for admission, including the holding of entrance examination, have been completed in some of the States prior to the judgment dated 22-6-1984 and also since some time would we required for making the necessary preparations for implementing the judgment, it is not practicable to give effect to the judgment from the present academic year and in fact compelling some States to give effect to the judgment from the present academic year when others have not, would result in producing inequality and if all the States were to be required to implement the judgment immediately, admissions already made would have to be cancelled and fresh entrance examinations would have to be held and this would require at least 2 or 21/2 months delaying the commencement of the academic term apart from causing immense hardship to the students. We therefore direct that the judgment shall be implemented with effect from the next academic year 1985-86. Whatever admissions, provisional or otherwise, have been made for the academic year 1984-85, shall not be disturbed on the basis of the judgment. We may make it clear that the judgment will not apply to the States of Andhera Pradesh and Jammu & Kashmir because at the time of hearing of the main writ petitions, it was pointed out to us by the learned advocates appearing on behalf of those States that there were special Constitutional provisions in regard to them which would need independent consideration by this Court.

43. This Order will form part of the main judgment delivered on 22-6-1984,


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