ORDER :- On June 22,1984, a three-Judge Bench to which one of us was a party delivered the judgment in a group of writ petitions and while disapproving of the prevailing wholesale reservation on different scores in regard to admission of students into medical courses of study such as M.B.B.S. and Post Graduate specialities, proceeded to observe that "the very mandate of the equality clause viewed in the perspective of social justice would justify some extent of reservation based upon residence requirement within the State or on institutional preferences for students passing the qualifying examination." One of the considerations - perhaps the primary one - in formulating the scheme for creating a national forum for choice of candidates for the reserved seats - was the growth of a broad-based national approach as against the prevailing State-based reservationist policy.

2. The judgment was delivered during the long vacation of the court perhaps with the fond hope that the scheme evolved by this Court could be implemented in the educational session to follow. This Court had not then assessed what magnitude the task of implementation of the scheme would involve.

3. When the scheme did not become operative even in the following year (1985-86), this Court directed the Government of India to convene a meeting in which Medical faculties of universities, Health Secretaries of State Governments, representatives of the Medical Council of India, the Dental Council of India, National Board of Examinations, National Academy of Medical Sciences, the Central Board of Secondary Education and representatives of the Ministries of Education and Law were to participate with a view to scrutinising and giving shape to the scheme prepared by the Medical Council of India under orders of this Court and finalise every detail regarding the holding of the All India Entrance Examination for the MBBS/BDS and Post-Graduate Courses. This meeting was held on September 16, 1985, and after deliberations a shape was given.

4. The resultant scheme and certain objections came to be dealt by this Court in its order order July 21, 1986 : (reported in AIR 1986 SC 1877). By this order the reservation of 30% indicated in the main judgment was reduced to 15% of the total seats for MBBS course in each medical college or institution without taking into account any reservations validly made and this Court observed (at p. 1882) :-

"This new formula is in our opinion fair and just and brings about real equality of opportunity in admissions to the MBBS/BDS course without placing the students in one State in an advantageous or disadvantageous position as compared to the students in another State."

This Court dealt at length with the objections to the syllabus and ultimately said (at p. 1884) :-

"We approve of the syllabus since it has been accepted by the Medical Council of India, the Government of India and all the State Governments except the State of Maharashtra which also did not make any submissions to the Court at the hearing of this case."

This Court further said (at p. 1884) :-

"Since as a result of the direction given by us on 2nd May, 1986, our judgment dt. 22nd June, 1984 : (reported in AIR 1984 SC 1420) is going to be operative only with effect from the academic year commencing in 1987 and the first All India Entrance Examination for admission to the MBBS/BDS course would be held only in June, 1987, we would request the Education Department of each State as also the Board of Secondary and/or Higher Secondary Education in each State to take note of this syllabus which we have approved for the All India Entrance Examination and to suitably amend its syllabus or course for the 12th year (perhaps class) so as to bring it in line with the syllabus approved by us so that the students passing the qualifying examination of the 12th class may be properly equipped to face the All India Entrance Examination. It would be desirable if a common syllabus is adopted at + 2 level throughout