Case BriefsSupreme Court

Supreme Court: The bench of Indira Banerjee and MR Shah, JJ has directed AIIMS to postpone the Institute of National Importance Combined Admission Test (INI CET) examination by at least a month, after doctors with an MBBS degree, aspiring for admission to the Post Graduate courses for the July 2021 session in the units of AIIMS (All India Institute of Medical Sciences), PGIMER Chandigarh, JIPMER Puducherry and NIMHANS Bengaluru filed a petition calling AIIMS’ decision to conduct INI CET 2021 on 16th June, 2021, hasty.

It was argued,

“… the hasty decision taken by AIIMS to conduct INI CET 2021 on 16th June, 2021 has seriously prejudiced innumerable aspirants for admission to Post Graduate courses of the institutions of national importance, who are serving in Covid hospitals in various parts of the country. Many of them have been rendering services at Covid Centres located far away from the examination centres for which they have opted.”

The INI CET is being conducted to fill up 850 MD and MS seats in 6 units of AIIMS, PGIMER Chandigarh, JIPMER Puducherry and NIMHANS Bengalure. As per submissions before the Court, about 80,000 doctors with the MBBS degree are expected to take the INI CET. Post Graduate courses of medical colleges, other than those mentioned above are through the NEET-PG, which has been postponed beyond 31st August, 2021.

In such circumstances, it was argued, that,

“It would be extremely difficult, if not virtually impossible for many candidates for the INI CET to reach their examination centres from their places of duty. Many of the doctors are exposed to and are running the risk of contracting Covid 19 and they may have to isolate and/or quarantine themselves. Even otherwise holding the INICET on 16th June, 2021 will result in spread of the virus and increase in Covid 19 cases.”

Hence, considering the current scenario and the prayers by the doctors, the Court was of the opinion that the fixing of the INI CET on 16.06.2021 is arbitrary and discriminatory, more so since other important examinations including Joint Entrance Examinations, Board Examinations etc. have been postponed.

The Court, hence, directed that the INI CET be postponed by at least a month from 16th June, 2021.

[Poulami Mondal v. AIIMS, 2021 SCC OnLine SC 424, order dated 11.06.2021]


For Petitioner(s): Mr. Sanjay R. Hegde, Sr. Adv.

Mr. Arvind P Datar, Sr. Adv.

Ms. Sonia Mathur, Sr. Adv.

Ms. Pallavi Pratap, AOR

M/S. Dharmaprabhas Law Associates, AOR

Dr. Charu Mathur, AOR

Mr. Chandrashekhar A. Chakalabbi, Adv.

Mr. Awanish Kumar, Adv.

Mr. Shiv Kumar Pandey, adv.

Mr. Anshul Rai, Adv.

Mr. Shikha Bharadwaj, Adv.

Mr. Abhinav Garg, Adv.

Mr. Sanjay Kumar Dubey, Adv

Ms. Tanvi Dubey, Adv.

Mr. Puneet Pathak, Adv.

For Respondent(s): Mr. Dushyant Parashar, AOR

Case BriefsSupreme Court

Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta and Ajay Rastogi, JJ has directed that that there will be no reservation in Super Specialty Medical Courses to in-service doctors for the academic year 2020-2021.

The direction reads,

“… the counselling for admission to Super Specialty Medical Courses for the academic year 2020- 2021 shall proceed on a date to be fixed by the competent authority without providing for reservations to in-service doctors for the academic year 2020-2021.”

Facts considered

  • The information bulletin for admission to Super Specialty Courses for the academic year 2020-2021 was issued on 03.08.2020. Point 5.16 of the bulletin provided that there shall be no reservations of seats for Super Specialty DM/MCH Courses.
  • The NEET Super Specialty Examination was conducted on 15.09.2020 and the results were declared on 25.09.2020.
  • Counselling was scheduled to commence on 08.10.2020.
  • The Medical Counselling Committee issued the counselling scheme for 100 per cent All India Quota for NEET Super Specialty DM/MCH DMB 2020-2021 in which it was made clear that there shall be no reservation for Super Specialty Medical Courses.
  • The State of Tamil Nadu issued a Government Order dated 07.11.2020 by which a decision was taken to reserve 50 per cent of the Super Specialty seats in Government Medical Colleges in the State of Tamil Nadu for in-service candidates.
  • Kerala Medical Officers Admission to Postgraduate Courses under Service Quota Act, 2008 provides for 40 per cent reservation for in-service doctors in admission to the Super Specialty Medical Courses. Admittedly, the Act was not implemented for the years 2017-2019. By the impugned order, the Kerala High Court directed the concerned authorities to carry out the provisions of the Act and provide reservation to in-service Doctors. However, the State of Kerala has shown its inability to implement the said Act for admission to the Super Specialty Medical Courses for the current academic year i.e. 2020-2021.

Arguments against in-service Reservation

It was argued that the information bulletin made clear to the candidates that there shall be no reservation for admission to Super Specialty Courses. They further contended that the Rules of the game cannot be changed mid-stream and no reservation can be provided for this academic year i.e. 2020-2021 as the procedure for selections for admission to Super Specialty Medical Courses commenced a long time back.

It was also brought to Court’s notice that the 5-judge bench decision in Tamil Nadu Medical Officers Association v. Union of India2020 SCC OnLine SC 699[1] was not applicable as the information bulletin for admission to Super Specialty Courses for the academic year 2020-2021 was issued on 03.08.2020 and the judgment that was delivered on 31.08.2020, clearly stated that the judgment shall operate prospectively.

Arguments supporting in-service Reservation

It was argued that administrative inconvenience cannot be a ground to interfere with the order passed by the High Court directing implementation of reservation to in-service doctors in accordance with the Kerala Medical Officers Admission to Postgraduate Courses under Service Quota Act, 2008.

Further, the Constitution Bench in its judgment in Tamil Nadu Medical Officers Association v. Union of India, 2020 SCC OnLine SC 699 only saved the admissions which have already been made. As the admissions for the year 2020-2021 have not been completed, the said judgment has to be implemented for admissions to the academic year 2020- 2021.

What the Supreme Court said

The Court noticed that the process for admissions to Super Specialty Medical Courses started on 03.08.2020 and it was made clear to all the competing candidates that there shall be no reservation to Super Specialty Medical Courses. Hence,

“The Government order issued by the State of Tamil Nadu on 07.11.2020 reserving 50 per cent seats for in-service doctors would be detrimental to the interests of the meritorious Doctors as 50 per cent of the available seats in the State of Tamil Nadu in Super Specialty Medical Courses will not be available to them.”

Rejecting the submission that nobody will be prejudiced if the Government Order is given effect to, the Court said that there will be reduction of 50% of seats in Super Specialty courses in Tamil Nadu if the Government Order is carried out, which is detrimental to their chances of admission.

The Court also took note of the fact that the Kerala Medical Officers Admission to Postgraduate Courses under Service Quota Act, 2008 providing for 40 per cent reservation for in-service doctors in admission to the Super Specialty Medical Courses has not been implemented for the years 2017-2019. And the State of Kerala has shown its inability to implement the said Act for admission to the Super Specialty Medical Courses for the current academic year i.e. 2020-2021.

In the State of Tamil Nadu too, no reservation for in-service Doctors was implemented since 2016.

The Court, hence, held

“As the admission process is at the final stages, we cannot permit reservation for in-service Doctors for this year.”

[Dr. Prerit Sharma v. Dr. Bilu B.S.,  2020 SCC OnLine SC 961, decided on 27.11.2020]


For appellant: Senior Advocates Dushyant Dave and Shyam Divan

For National Medical Commission: Senior Advocate Vikas Singh

For Union of India: Additional Solicitor General Sanjay Jain

For State of Kerala: Senior Advocate Jaideep Gupta

For State of Tamil Nadu: Senior Advocates C.S. Vaidhyanathan and V. Giri,

For Respondents in the Appeal arising out of SLP (C) No.13670-13672 of 2020: Senior Advocate Mr. P. Wilson

For Respondent in Appeal arising out of SLP (C) No.12891 of 2020.: Advocate George Varghese Perumpallikuttiyil

[1] The 5-judge Constitution bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, JJ in Tamil Nadu Medical Officers Association v. Union of India2020 SCC OnLine SC 699 held that the Medical Council of India has no power to make any reservation for in-service candidates in Post Graduate Medical Course in States and that only States are allowed to grant the benefit of reservation of seats to in-service doctors in the National Eligibility cum Entrance Test (NEET) postgraduate degree courses.
Holding that States have the legislative competence and/or authority to provide for a separate source of entry for in-service candidates seeking admission to postgraduate degree/diploma courses, in exercise of powers under Entry 25, List III, the bench observed that
“…policy must provide that subsequent to obtaining the postgraduate degree by the concerned in-service doctors obtaining entry  in degree courses through such separate channel serve the State in the rural, tribal and hilly areas at least for five years after obtaining the degree/diploma and for that they will execute bonds for  such  sum the   respective  States  may   consider   fit  and  proper”
The Court, however, specifically   observed   and   clarified   that the present decision shall operate prospectively, and any admissions given earlier taking a contrary view shall not be affected by this judgment. (Read more…)

Case BriefsSupreme Court

Supreme Court: The 3-judge bench of Arun Mishra, Vineet Saran and MR Shah, JJ has held that prescribing uniform examination of NEET for admissions in the graduate and postgraduate professional courses of medical as well as dental science is not in violation of the rights of the unaided/aided minority to administer institutions under Articles 19(1) (g) and 30 read with Articles 25, 26 and 29(1) of the Constitution. It said,

The Court was hearing the challenge to the provisions of Medical Council Act, 196 and Dentists Act, 1948 and Regulations thereto by which a uniform NEET examination was made mandatory for admissions in graduate and postgraduate medical and dental courses. It was argued before the curt that State had no power to compel an unaided minority institution to admit students through a single centralized national examination such as NEET. The unaided minority professional colleges have the fundamental rights to choose the method and manner in which to admit its students, subject to satisfying the triple test of having a fair, transparent, and non­exploitative process.

The Court, in a 108-pages log verdict, referred to a long list of judgments dealing with the right of unaided/aided minorities and the scope of rights under Article 19(1)(g) and Article 30 of the Constitution and came to the conclusion that,

“rights under Articles 19(1)(g) and 30 read with Articles 25, 26 and 29(1) of the Constitution of India do not come in the way of securing transparency and recognition of merits in the matter of admissions. It is open to regulating the course of study, qualifications for ensuring educational standards. it is open to imposing reasonable restrictions in the national and public interest.”

Unimpressed with the present education system, the bench said that by and large, at present education is devoid of its real character of charity, it has become a commodity. To weed out evils from the system, which were eating away fairness in admission process, defeating merit and aspiration of the common incumbent with no means, the State has the right to frame regulatory regime for aided/unaided minority/private institutions as mandated by Directives Principles, Articles 14 and 21 of the Constitution.

On Article 19(1)(g)

The fundamental right under Article 19(1)(g) was subject to reasonable restriction in the interest of the student’s community to promote merit, recognition of excellence, and to curb the malpractices. Uniform Entrance Test qualifies the test of proportionality and is reasonable.

The minority institutions are equally bound to comply with the conditions imposed under the relevant Acts and Regulations to enjoy affiliation and recognition, which apply to all institutions. In case they have to impart education, they are bound to comply with the conditions which are equally applicable to all.

“There is no right given to maladminister the education derogatory to the national interest. The quality of medical education is imperative to sub­serve the national interest, and the merit cannot be compromised.”

On Article 30

The rights to administer an institution under Article 30 of the Constitution are not above the law and other Constitutional provisions and hence, are not violated by provisions carved out in Section 10D of the MCI Act and the Dentists Act and Regulations framed by MCI/DCI. Reasonable regulatory measures can be provided without violating such rights available under Article 30 of the Constitution to administer an institution. Professional educational institutions constitute a class by themselves. Specific measures to make the administration of such institutions transparent can be imposed.

“The regulatory measures by prescribing NEET is to bring the education within the realm of charity which character it has lost. It intends to weed out evils from the system and various malpractices which decayed the system.”

Scope of Government interference

While the Court agreed that there was no doubt as to the concept of limited Government and least interference is welcomed, it however, said that in which field and to what extent balancing with the larger public and national interest is required.

The Constitution provides a limitation on the power of the State to interfere with life, liberty, and rights, however, the concept of limited government cannot be extended to a level when it defeats the very national interest.”

Holding that the impugned provisions qualify the doctrine of proportionality, the Court explained that the maladies with which professional education suffers in this country are writ large and that the regulatory framework created by the MCI/ DCI is concomitant of conditions, affiliation and recognition, and providing central examination in the form of NEET cannot be said to be violative of the rights under Articles 19(1)(g) and 30. The regulatory framework is not restrictive, but caters to the effective enjoyment of the rights conferred under the aforesaid provisions.

[Christian Medical Vellore Association v. Union of India, 2020 SCC OnLine SC 423  , decided on 29.04.2020]

Hot Off The PressNews

Pursuant to the order dated 26.04.2018 of Madras High Court in Writ Petitions Nos. 14232 and 17778 of 2017, University Grants Commission (UGC) has constituted a Committee consisting of Prof. R.C. Deka, Former Director, AIIMS, New Delhi (Chairman), Dr. O.P. Kalra, Vice-Chancellor Pt. B.D. Sharma University of Health Sciences Rohtak; Prof. (Ms.) Saroj Chooramani Gopal, Former VC, King George Medical University, Lucknow; Prof. Mahesh Verma Director, Maulana Azad Institute of Dental Sciences, New Delhi; Prof.  Dr. Ajay S. Chandanwale, Dean, Byramjee Jeejeebhoy Government Medical College & Sassoon General Hospitals, Pune; Shri S.K. Ray, Former Additional Secretary & Financial Advisor, MHRD and nominee of each of Ministry of Health & Family Welfare, Dental Council of India, Medical Council of India and Ministry of Human Resource Development to regulate the fees chargeable by self-financed Deemed to be Universities in Medical and Dental Courses.

Ministry of Human Resource Development