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1994 Supreme(SC) 346

S.C.AGRAWAL, B.P.JEEVAN REDDY, M.K.MUKHERJEE
Ajay Kumar Singh – Appellant
Versus
State Of Bihar – Respondent


Advocates:
B.B.Singh, Gopal Singh, HARISH N.SLAVE, Kumar Rajesh Singh, L.R.SINGH, MINAKSHI AGRAWAL, Mohd.Yunus Malik, NAVIN PRAKASH, R.K.GARG, V.A.BOBDE, VIKASH SINGH

Judgment

B.P. JEEVAN REDDY, J.- Permissibility of providing reservations under clause (4) of Article 15 of the Constitution of India in postgraduate medical courses is the issue raised in these appeals. The State of Bihar issued a prospectus relating to Postgraduate Medical Admission Test, 1992 providing inter alia reservation in favour of socially and educationally backward classes, Scheduled Castes, Scheduled Tribes and women. The percentages reserved are Scheduled Castes - 14 , Scheduled Tribes - 10 , extremely backward classes - 14 , backward classes - 9 and ladies - 3 . The appellants questioned the aforesaid provision for reservation by way of two writ petitions in the Patna High Court. The writ petitions were dismissed whereupon they have approached this Court by way of these appeals. The Indian Medical Council has filed an affidavit in these proceedings putting forward its point of view in the matter. It has supported the appellants stand.

2. Shri Vikas Singh, learned counsel for the appellants urged the following contentions:

(1) Article 15(4) does not speak of nor does it permit reservation of seats in educational institutions. While certain preferences and concessions can



















































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