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1987 Supreme(SC) 754

M.M.DUTT, RANGANATH MISRA
Dinesh Kumar – Appellant
Versus
Motilal Nehru Medical College, Allahabad – Respondent


Advocates:
A.K.GANGULY, A.K.Sanghi, A.M.KHANWILKAR, A.MARIAPUTHAM, A.S.BHASME, A.SUBBA RAO, A.Subhashini, A.V.RANGAM, B.D.SHARMA, B.P.SINGH, B.R.AGRAWAL, C.V.SUBBA RAO, D.GOVERDHAN CHARY, D.K.SINHA, D.N.DEVEDI, D.N.Mishra, D.N.MUKHERJI, D.R.AGRAWAL, E.K.JOSE, E.M.S.ANAM, G.VISHVANATHA IYER, H.K.PURI, HALIDA KHATUN, J.R.DAS, K.N.SINGH, K.RAJENDRA CHAUDHARY, K.RAM KUMAR, L.K.PANDEY, L.R.SINGH, M.E.SARDHANA, M.I.KHAN, M.K.D.NAMBUDIRY, M.K.Garg, M.KARANJAVALA, M.N.SHROFF, M.VIRAPPA, MADAN LOKUR, N.M.GHATATE, P.C.KAPUR, P.H.Parekh, P.K.PALLI, P.P.Rao, P.P.SINGH, PRABIR ANAND CHAUDHARY, PRAMOD SVARUP, R.C.VERMA, R.K.MAHTA, R.P.Srivastava, R.S.SODHI, Rajesh Agarwal, RAVI P.VADHVANI, RAVINDER BANA, S.DIXIT, S.K.Gambhir, S.K.MEHTA, S.K.NANDY, S.Manchanda, SURYA KANT SHARMA, SUSHMA SURI, T.SHRIDHARN, T.V.RATNAM, T.V.S.N.Chari

(1) BY the main judgment of this court delivered on 22/06/1984 in Dr Pradeep Juin v. Union of India this court decided that admission for a fixed percentage of seats in different courses of study in the Medical Faculties should be on an All India basis. Dealing with post-graduate courses such as MD and MS and the like and taking into consideration broader aspects of equality of opportunity and institutional continuity in education which has its own value and relevance, this court took the view that though residential requirement within the State should not be a ground for reservation in admissions to post-graduate courses, a certain percentage of seats may be reserved on the basis of institutional preference in the sense that a student who has passed MBBS course from a medical college may be given preference for admission to post-graduate course in the same medical college 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 seats available for admissions to the post-graduate course. By a subsequent order made on 21/07/1986 it has been directed that the total number of seats for admiss








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