1. Problems implementing the Supreme Court scheme for admission to postgraduate medical courses—states imposing additional conditions on all India quota candidates. (Para 1 , 2 )
Back
Next 
2001 Supreme(SC) 1000
SUPREME COURT OF INDIA
S.R.Babu : Doraiswamy Raju
Anand S.Biji
Versus
State Of Kerala
Case No. : 1944 of 1993
Date of Decision : 7/27/01
States cannot impose additional eligibility criteria or "state requirements" (such as rural service bonds) on candidates admitted to postgraduate medical courses under the 15% All India Quota, as the eligibility criteria are fixed by central authorities and approved by the Court.
Headnote:(A) Medical Education - Admission to postgraduate medical courses - 15% All India Quota - Eligibility criteria - States and medical colleges cannot insist upon the satisfaction of "state requirements" as a condition to grant admission to allottees under the 15% All India Quota - It is not open to any state to fix additional eligibility criteria, such as rural service bonds or mandatory prior service in state health centers, for candidates falling under the All India Quota, as the eligibility criteria approved by the Court must be strictly followed. (Para 3)
(B) Allotment of seats - Validity - Seats included in the 15% All India Quota must be exclusively those approved by the regulatory medical council - Allotment of seats cannot be made in respect of any seat not approved by the said regulatory authority. (Para 4)
Facts of the case:
Interlocutory applications were filed seeking clarification on the implementation of a court-approved scheme for admission to postgraduate medical courses. Challenges were raised regarding certain states imposing additional conditions, such as mandatory rural service bonds or prior service as medical officers, on candidates admitted under the 15% All India Quota. Further clarification was sought regarding the requirement for seats to be approved by the regulatory medical body and the provisional admission of candidates completing their internship by a specific deadline.
Findings of Court:
The court held that because the eligibility criteria for the 15% All India Quota were fixed by the central authority in consultation with the regulatory body and approved by the Court, states cannot impose additional requirements. It was further noted that it is patent that only seats approved by the regulatory medical council can be allotted under the quota.
Issues: Whether states can impose additional eligibility criteria or "state requirements" on candidates admitted via the 15% All India Quota, and whether such quota seats must be approved by the regulatory medical council.
Ratio Decidendi: Eligibility criteria approved by the Court for a central quota override any additional requirements imposed by individual states. Furthermore, the validity of seat allotment is contingent upon the approval of the seat by the appropriate regulatory medical authority.
Result: I.As. are disposed of.
Legal Category Hierarchy
Table of Contents
2. States should not impose requirements like bonds or rural service on candidates admitted under the 15% all India quota. (Para 2 , 3 )
3. The court upheld its prior direction that states cannot fix additional eligibility criteria for the 15% all India quota. (Para 3 )
4. States and colleges cannot insist on state-specific requirements as a condition for admission under the all India quota. (Para 3 )
5. Interlocutory applications disposed of without fresh directions; existing scheme and prior order govern the issues. (Para 7 )
6. May states impose additional eligibility conditions on candidates admitted under the all India quota?
No. States and colleges cannot insist on state-specific requirements as a condition for granting admission to allottees against the 15% all India quota. (Para 3 )
7. Should the 15% all India quota include only seats approved by the Medical Council of India?
Yes. Seats in the 15% all India quota must include only those seats approved by the Medical Council of India. (Para 4 )
8. May a candidate who completes internship after March 31 be provisionally admitted to postgraduate courses?
The court declined to issue a general direction; such cases should be dealt with depending on exigencies as they arise. (Para 5 , 6 )
JUDGMENT
S.RAJENDRA BABU, J.
(1) THE problems faced in the matter of implementing the scheme framed by this Court for admission to postgraduate medical courses are raised in these I.As.
(2) THE learned Solicitor General asked us to make clear certain aspects for smooth implementation of the scheme of admission into medical colleges and in particular, those pertaining to the 15% all India quota. It is submitted that the states and colleges should not insist upon satisfaction of the "state requirements" as a condition to grant admission to the allottees against the 15% all India quota. He elaborated that the states are imposing conditions on the candidates admitted to postgraduate courses in the colleges, for example, the Government of Gujarat requires the postgraduate students to execute a bond of Rs. 75,000.00 for rendering 3 years rural service in the state as prescribed by the state government. Similarly, Government of Maharashtra has imposed a condition that candidate would have to serve the Government of Maharashtra for a period of one year as medical officer in any of the PHC/RHC in the state prior to admission to the postgraduate course. Thus the result is that different states have imposed different conditions. Candidate admitted under the all India quota under different state medical colleges are not uniformly placed. While some of the candidates have to fulfil those requirements, others are not required to do so.
(3) INDEED in this regard, a three judge bench of this Court in Harish Pratap Sisodia v. Union of India & Ors. [JT 1999 (2) SC 313], has stated as follows :-
"IT is not disputed that the criteria of eligibility of allotment of a seat to MBBS against the 15% all India quota has been fixed by the CBSE in consultation with the Medical Council of India under a modified scheme approved by this Court. Under that scheme, the states and colleges cannot insist upon satisfaction of the "state requirements" as a condition to grant admission to the allottees against the 15% all India quota. It is, therefore, not open to any state to fix any additional eligibility criteria in cases of candidates who fall under the 15% all India quota. The eligibility criteria having been approved by this Court, it could not be ignored by the dean, medical college, Solapur."
In view of this direction, no fresh direction in this regard is required.
(4) HE further submitted that since the criteria of eligibility for allotment of seat to MBBS against the 15% all India quota having been fixed by CBSE in consultation with the Medical Council of India under a modified scheme approved by this Court, those seats must be only in respect of the seats approved by the Medical Council of India. In other words, the seats in 15% all India quota should include only those seats which have been approved by the Medical Council of India. This aspect is patent on the face of it as we cannot conceive of any seats not approved by the Medical Council of India in any college. Therefore, allotment of seats cannot be in respect of a seat not approved by the Medical Council of India. Hence, no separate direction is needed in this regard.
(5) LASTLY, he pointed out that the candidates who have not completed internship but would complete it by 31st March each year may be admitted provisionally within 15 days from the date of personal counselling subject to the condition that such students should submit proof of completion of their internship by 7th April to the concerned college. This request is made because one of the conditions for admission to postgraduate courses from the all India quota is that the candidate would have completed internship by 31st March of that year.
(6) THIS aspect also need not be considered at this stage. If in any specific case any state or university or institution raises problem, the same could be appropriately dealt with depending upon exigencies of the situation.
(7) I.AS. are d
