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TMI Blog1989 (3) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... utional preference for admission in the M.D. Course. By the impugned judgment, the High Court allowed the writ petitions out of which these appeals arise, and struck down the impugned rule 4(A) in whole and rule 5 (wrongly stated as rule 6 in the High Court judgment), in so far as it applies to the Government Medical College in the city of Bombay, as discriminatory and viola- tive of Article 14 of the Constitution and, accordingly, invalid. Rule 4(A) is as follows:-- 4. PREFERENCE: (A) While selecting candidates for admission to the postgraduate courses preference will be given in the following order:-- (a) Candidates applying for admission at the parent institution. (Note: Parent institution means the medical college at which the candidate has passed his qualifying examination). (b) Candidates who have graduated from other Municipal Medical Colleges in Brihan Mumbai. Relevant portion of rule 5 framed under the Government Resolution dated June 18, 1971 reads as follows: 5. ........................................... ................ . While selecting from amongst eligi- ble candidates preference will be given to the students of tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can any reservation in admissions be made for them so as to give them precedence over those who do not possess domicile or residential qualification within the State, irrespective of merit. The question that has been formulated and consid- ered does not show, on the face of it, that collegewise institutional preference was also involved as a part of the question. It has been ruled in Pradeep Jain's case that effort must always be to select the best and most meritori- ous students for admission to technical institutions and medical colleges by providing equal opportunity to all citizens in the country, and that it would be against na- tional interest to admit in medical colleges or other insti- tutions giving instruction in specialities, less meritorious students when more meritorious students are available. So, wholesale reservation on the basis of domicile or residen- tial requirement within the State or on the basis of insti- tutional preference for students who have passed the quali- fying examination held by the University or the State ex- cluding all students not satisfying this requirement, re- gardless of merit, has been condemned. The Court took the view that reservatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal Solicitor General that in Pradeep Jain's case collegewise institutional pref- erence has been recognised and upheld, as is apparent from ,the above observation, particularly from the observation a certain percentage of seats may, in the present circum- stances, be reserved on the basis of institutional prefer- ence in the sense that a student who has passed MBBS Course from a medical college or University may be given preference for admission to the post-graduate course in the same medi- cal colleges or university, but such reservation on the basis of institutional preference should not in any event exceed 50 per cent of the total number of open seats avail- able for admission to the post-graduate course. It is true the expression institutional preference has been used in the said observation in respect of a medical college or a university, but we do not think that in making that observa- tion Bhagwati, J. had in his mind collegewise institutional preference. Any observation in a judgment has to be read and understood in the context of facts of that particular case in respect of which such observation has been made. As has been pointed out, the question that has been c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity. In respect of such reservation of preference the reasons that have been given are that it would cause considerable hardship and incon- venience if students residing in the region of a particular university are compelled to move to the region of another university for medical education which they might have to do if selection for admission to the medical colleges in the entire State were to be based on merit without any reserva- tion or preference regionwise. There may be a large number of students who, if they do not get admission in the medical college near their residence and are assigned admission in a college in another region on the basis of relative merit, may not be able to go to such other medical college on account of lack of resources and facilities and in the result, they would be effectively deprived of real opportu- nity for pursuing the medical course even though on paper they would have got admission in the medical college. Fur- ther, it has been pointed out that some difficulty would arise in case of girls because if they are not able to get admission in the medical college near the place where they reside they might find it difficult to pursue medical ed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to continue in the same institution for his post-graduate studies. There is the strong argument of convenience, of stability and familiarity with an educational environment which in different parts of the country is subject to varying economic and psychological pressures. But much more than convenience is involved. There are all the advantages of a continuing frame of educational experience in the same educational institution. It must be remembered that it is not an entirely differ- ent course of studies which is contemplated; it is a specialised and deeper experience in what has gone before. The student has become familiar with the teaching techniques and standards of scholarship, and has adjusted his responses and reactions accordingly. The continuity of studies ensures a higher degree of competence in the assimilation of knowledge and experience. Not infrequently some of the same staff of Professors and Readers may lecture to the post-graduate classes also. Over the under-graduate years the teacher has come to understand the particular needs of the student, where he excels and where he needs an especial encouragement in the removal of deficiencies. In my judgment, there is good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved in that case, may support to some extent the contention of the appellants, but the contention has to be rejected on a reference to the facts and the question involved in that case. It is, however, submitted by the learned Additional Solicitor General that there are some special facts and circumstances which justify collegewise reservation as provided by the impugned rules 4(A) and 5. It is stated by him that while the theoretical examinations in MBBS Course are conducted by the University, the practical examinations involving 50 per cent of the total marks are held by the individual colleges. Counsel submits that in such circum- stances the merits of the candidates passing the MBBS Exami- nation from these four colleges are difficult to be compared and evaluated for the purpose of admission in the M.D. Course. This submission has also been made by Mr. Baze, learned Counsel appearing on behalf of the University of Bombay. We regret, we are unable to accept such a contention. It is not disputed that in each college the practical examina- tions are conducted by a set of four examiners consisting of one internal examiner from the same college, one external examiner from one o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - ally deal with these cases than a student of any other college. Even assuming that the facts stated above are correct, we do not think that the same constitute any ground in support of institutional preference. It is the university which is required to maintain a standard in respect of the subjects in the colleges affiliated to it. It is not the case of the University that the standard prescribed by it is not maintained in different colleges or that any particular college is higher in standard in a particular subject than that in another college. It may be that the number of acce- dent and injury cases in the hospital attached to Lokmanya Tilak Memorial Medical College is higher than the number of such cases in the hospitals attached to other colleges, but that does not prove or lead to the conclusion that the students of other colleges will be deficient in surgery or less meritorious than the students of Lokmanya Tilak Memori- al Medical College. The contention in this regard is without substance and is rejected. Let us now examine the question of collegewise institu-tional preference from the point of view of Article 14 of the Constitution. By the impugned rules, a classific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e seat in Obstetrics and Gynaecology and that seat was alotted to a student of that college who secured 156 marks in the MBBS examination. Thus, although Dr. Anjali Deokumar Thukral and Dr. Sumeet Godambe secured more marks than the students admitted in the post-graduate course in Obstetrics and Gynaecolocy in the said G.S. Medical College, except the said Dr. Ganpat Sawant, they were refused admission in view of collegewise institutional preference. Similarly, in respect of other disciplines many meritorious students could not get admission even though they secured higher marks than those admitted in the post-graduate degree course by virtue of the impugned rules. Thus, there is a patent discrimina- tion inasmuch as students obtaining lesser marks have been preferred to those obtaining higher marks. There is no intelligible differentia for the classification by way of collegewise institutional preference as provided by the impugned rules distinguishing the preferred candidates in respect of each college from those excluded from such clas- sification. By such classification or collegewise institu- tional preference, merit has been sacrificed, far less it has been preferred. When th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . If such reservation is allowed, the students of the Maharashtra Government College, namely, the Grant Medical College, will not get any admission in any of the three Municipal Colleges, even if the students or some of them passing the MBBS Course from the Government College are more meritorious than the students for whom the seats will be kept reserved in the Municipal Colleges. It is urged that it will not be a case of collegewise institution- al preference so far as the Municipal Colleges are concerned and there should be no objection for the Bombay Municipal Corporation to give preference to the students of the Munic- ipal Colleges, of course, to the exclusion of the students of the Government College. This contention, in our opinion, is without any substance. It may be that the Bombay Munici- pal Corporation has to spend a lot of money for the colleges run by it, but that will be no ground for making a discrimi- nation between the students of the Municipal Colleges and those of the Government College affiliated to the same university, for the purpose of admission in the post-gradu- ate degree course. Such discrimination will not serve any object which can be justified on any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... course in any of the Municipal Colleges. We are told by the learned Counsel appearing for the State Government and the Bombay Municipal Corporation that if the impugned rules are struck down, they will have to frame fresh rules consistent with the judgment of this Court and, as we have directed not to disturb admission of the candidates in the post-graduate M.D. Course pursuant to the impugned rules, we consider the prayer made by the applicants as quite reasonable and, accordingly, direct that the applicants who have passed the diploma course in the Municipal Colleges after passing the MBBS Examination, will be eligible for admission in the post-graduate M.D. Course in any one of the Municipal Col- leges with credit for the diploma course. Mr. Tarkunde, learned Counsel appearing on behalf of the respondents-writ petitioners, submits that the cases of admission of some of the respondents, who have not been admitted to the postgraduate degree course in certain spe- cialities of their choice in view of the impugned rules, may be considered by the State of Maharashtra and the Municipal Corporation of Greater Bombay, in case seats are available, either in the Municipal Colleges or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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