(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 admission to post-graduate courses in each medical college or institution on the basis of All India Entrance Examination shall be limited to 25 per cent. Thereafter we had given direction in regard to finalising the courses of study and holding of All India Entrance Examination both for the MBBS as also the postgraduate courses. So far as the bachelors course is concerned, by order dated 3/08/1987 we have finalised the matter. The question of finalising the scheme in regard to post-graduate courses had been left to be dealt with separately. We have heard counsel for the Union of India, the Medical council of India and such of the other parties as chose to appear when the matter came up on September 18, 1987, and we have perused the papers relevant to the matter.

(2) THREE aspects of the matter require consideration of this court apart from the question of finalising the schedule relating to holding of the selection examination and those are : ( 1 ) structuring the post-graduate courses (2) the question of diploma being a qualification for admission in post-graduate course as prevailing in the State of Tamil Nadu and (3) provision in regard to super-specialities like MD and other higher degrees.

(3) IT .appears that in some States at present the post-graduate course is for a term of two years with housemanship of one year while in other States it is a full term of three years. We find that many of the States are of the view that this situation should continue. If a common pattern is directed to be adopted immediately there may be some difficulty. A uniform practice has to be evolved so that the discipline would be introduced. We accordingly allow the present arrangement to continue for a period of five years i.e. up to 1992 inclusive. For admission beginning from 1993 there would be only one pattern, namely, a three vear course without any housemanship. All Universities and institutions shall take timely steps to bring about such amendments as mav be necessary to bring statutes, regulations. and rules obtaining in their respective institutions in accord with this direction before the end of 1991 so that there may be no scope for raising of any dispute in regard to the matter. The uniform pattern has to be implemented for 1993.

(4) IT is proper that one uniform system is brought into vogue throughout the country. The justification for such a course has been appropriately emphasised both in the main judgment as also in the intermediate order made by us and there is no necessity to reiterate the reasoning now. We. however, allow the system now prevailing in the State of Tamil Nadu regarding the diploma until 1992. From 1993 there would be no necessity for the diploma to be a Qualification for admission to post-graduate courses.

(5)