A.R. Lakshmanan JUDGMENT
V.N. Khare, C.J.
1. Leave granted in the Special Leave Petition.
2. The core question involved in these writ petitions and appeal centers round the constitutional validity of reservation whether based on domicile or institution in the matter of admission into Post Graduate Courses in government run medical colleges.
3. For determination of the said question factual matrix of the matter, is being noticed from Writ Petition (Civil) No. 29 of 2003.
4. The petitioners who are 52 in number are original residents of Delhi. They joined various medical colleges out of Delhi for undertaking their MBBS Courses of studies against the 15% all-India quota on being qualified therefore in the All India Medical Entrance Examination.
5. The appellants intended to join the medical colleges of Delhi for their Post Graduate Medical Courses. They applied for and were granted admission forms having regard to the decision of this Court in Dr. Parag Gupta v. University of Delhi and Ors. MANU/SC/0300/2000 : AIR2000SC2319 , In the Bulletin of Information issued by the University of Delhi, it was stated, that Candidates like the appellants would be entitled for admission in Post Graduate Courses subject to the decision of a matter pending in this Court, i.e. Magan Mehrotra and Ors. v. Union of India and Ors. since reported in MANU/SC/1353/2002 : (2003)11SCC186 .
6. A three-Judge Bench of this Court in Magan Mehrotra (supra) inter alia, therein held that apart from institutional preference, no other preference including reservation on the basis of residence is envisaged in the Constitution, in view of the decision of this Court in Dr. Pradeep Jain and Ors. v. Union of India and Ors.MANU/SC/0047/1984 : (1984)IILLJ481SC .
7. The Delhi University on or about 31.12.2002 relying on or on the basis of the decision of this Court in Magan Mehrotra (supra) issued the following notification :
"In view of the judgment of the Hon'ble Supreme Court of India dated 17.12.2002 in Writ Petition (C) No. 417 of 2002. It is hereby notified that for admission of P.G. Courses during the Academic Session 2003, only Delhi University Medical Graduates would be eligible against the 75% reserved seats of the students from Delhi who have taken admission in the University/States under the 15% All-India quota will not be eligible to seek admission in the P.O. Degree/Diploma Courses of Delhi University