Supreme Court

Yatinkumar Jasubhai Patel and Ors. Vs. State of Gujarat and Ors.

MANU/SC/1395/2019

04.10.2019

Education

Institutional Preference is permissible in Post Graduate Medical Courses even after introduction of NEET Scheme

The original writ Petitioners have preferred the special leave petition/appeal against impugned judgment passed by the Division Bench of the High Court, by which the Division Bench has dismissed the said writ petition upholding the vires of Rules 2, 3, 4.1 and 4.3 of Gujarat University relating to admission to the Post Graduate Medical Courses framed by the Gujarat University providing that, the preference shall be given to the candidates graduating from the Gujarat University (providing for "Institutional Reservation"). The short question which is posed for consideration of this Court is, whether after the introduction of the NEET Scheme, still the "Institutional Preference" in the Post Graduate Medical Courses would be permissible.

It is not in dispute that, "Institutional Preference" in the Post Graduate Medical Courses is held to be permissible by present Court in catena of decisions. Even while giving admissions in the State quota/institutional reservation quota, still the admissions are required to be given on the basis of the merits determined on the basis of the NEET examination results. Under the circumstances, introduction of the NEET Scheme, as such, has nothing to do with the "Institutional Preference". Therefore, the change by introduction of the NEET Scheme shall not affect the Institutional Preference/Reservation as approved by this Court from time to time in catena of decisions. Under the guise of introduction of the NEET Scheme, the Petitioners cannot be permitted to re-agitate and/or re-open the issue with respect to Institutional Preference which has been approved and settled by this Court in catena of decisions.

Once the Institutional Preference to the extent of 50% of the total number of open seats has held to be permissible, in that case, thereafter it will be for the appropriate authority/State to consider how much percentage seats are to be reserved for Institutional Preference/Reservation. It will be in the realm of a policy decision and this Court cannot substitute the same, unless it is held to be arbitrary and/or mala fide and/or not permissible.

In view of the decisions of present Court in the cases of Dr. Pradeep Jain and Ors. v. Union of India (UOI) and Ors., a Constitution Bench decision of present Court in the case of Saurabh Chaudri and Ors. v. Union of India (UOI) and Ors.; and Saurabh Dwivedi and Ors. v. Union of India (UOI) and Ors., Institutional Preference to the extent of 50% is approved and it is observed and held that, introduction of the NEET Scheme shall not affect such Institutional Preference/Reservation. Such a Regulation providing 50% Institutional Preference/Reservation shall not be in any way ultra vires to Section 10D of the MCI Act. Even in the case of Institutional Preference/Reservation, the admissions in the post graduate courses are to be given on the basis of the merits and marks obtained in the NEET examination result only. Appeal/writ petitions dismissed.

Relevant

Dr. Pradeep Jain and Ors. v. Union of India (UOI) and Ors. MANU/SC/0047/1984
; Saurabh Chaudri and Ors. v. Union of India (UOI) and Ors. MANU/SC/0879/2003
; Saurabh Dwivedi and Ors. v. Union of India (UOI) and Ors. MANU/SC/0671/2017

Tags : Admissions Reservation Validity

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