Supreme Court rules on PG Medical Admission – Centre’s decision not binding on States
The Supreme Court has ruled that the respective state government has the discretion to disallow reservation of seats for backward sections in post-graduate medical courses if it deems fit.
The Supreme Court on Wednesday held that the Centre’s decision to provide quota for SCs and STs in post-graduate medical courses did not automatically bind the state governments to follow suit and implement it in their medical colleges.
It took note of the fact that the Centre has provided for reservation to SC and ST candidates in the All India Entrance Examination for MD/MS/PG Diploma and MDS courses and also in the All-India quota PG seats, but firmly handed down the ruling that “the same cannot automatically be applied in other sections where state governments have power to regulate.”
The court was dealing with a petition filed by Dr Gulshan Prakash against the Haryana government’s decision not to allow reservations in the entrance test for Doctor of Medicine (MD), Master of Surgery (MS), post-graduate diploma and Master of Dental Surgery (MDS) in the state.
Under Article 15(4), states could, if they wanted, provide for reservations by either a law or executive instructions at any level for socially and educationally backward classes. On the scope of the article, the court said preferential treatment could be given when socially and educationally backward classes needed it.
“This article enables the state government to make provisions for the uplift of Scheduled Castes and Tribes, including reservation of seats for admission to educational institutions,” the court said. “Article 15(4) does not make any mandatory provision for reservation and the power to make such reservation under Article 15(4) is discretionary and no writ can be issued to effect reservation. Such special provision may be made not only by the legislature but also by the executive.”
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