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1986 Supreme(SC) 227

P. N. BHAGWATI, RANGANATH MISRA
Dinesh Kumar – Appellant
Versus
Motilal Nehru Medical College, Allahabad – Respondent


Advocates:
A.S.BHASME, A.V.RANGAM, B.D.SHARMA, D.N.MUKHERJI, L.K.PANDEY, M.N.SHROFF, M.VIRAPPA, MADAN LOKUR, N.M.GHATATE, P.H.Parekh, P.P.SINGH, R.C.VERMA, R.N.Poddar, S.DIXIT, S.K.NANDY, SURYA KANT SHARMA

JUDGMENT

BHAGWATI, C.J.I. : — The main judgment in this case was delivered by us on 22nd June 1984 (reported in AIR 1984 SC 1420) and we held in that judgment that "wholesale reservation made by some of the State Governments on the basis of domicile or residence requirement within the State or on the basis of institutional preference for students who have passed the qualifying examination held by the University or the State, excluding all students not satisfying this requirement, regardless of merit" was unconstitutional and void as offending the equality clause of the Constitution. But after condemning such wholesale reservation, we proceeded to observe that the very mandate of the equality clauses viewed in the perspective of social justice, would justify some extent of reservation based on residence requirement within the State or on institutional preference for students passing the qualifying examination held by the University or the State and addressing ourselves to the question to what extent such reservation might be regarded as constitutionally permissible, we said :

"It is not possible to provide a categorical answer to this question, for as pointed out by the policy statem
































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