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Supreme Court Of India
A. I. I. M. S. STUDENTS UNION
Versus
A. I. I. M. S
Decided on : August 24, 2001
The Court held that the reservation of 33% PG seats in favor of AIIMS in-house candidates was not an objective policy decision arrived at on considerations of public good. The reservation was introduced on account of demand made by the students union which was resorting to agitation and dharnas. The Central Government found such reservation not in public interest and hence it was withdrawn on 24-10-1994. The withdrawal sparked off once again agitations and dharnas by the members of the Union and the Central Government had to kneel down before the students within two months of the withdrawal resulting into the reservation being restored on 17-12-1994. The reservation in favor of AIIMS candidates was thus, not a decision taken with objectivity and by due application of mind to all relevant facts but only under pressure of agitating AIIMS Students Union.
Fact of the Case:
The All India Institute of Medical Sciences (AIIMS) had a policy of reserving 33% of its postgraduate (PG) seats for its own graduates. This policy was challenged in court by a group of students who argued that it was unfair and discriminatory. The Delhi High Court agreed with the students and struck down the reservation policy. The AIIMS and the Central Government appealed to the Supreme Court.
Finding of the Court:
The Supreme Court upheld the decision of the Delhi High Court. The Court held that the reservation policy was not justified on the grounds of institutional continuity or regional requirement. The Court also found that the reservation policy was not necessary to ensure that AIIMS graduates had access to PG education. The Court further held that the reservation policy was arbitrary and unreasonable because it resulted in less qualified AIIMS graduates being admitted to PG programs over more qualified students from other institutions.
Issues: ['Does AIIMS have a special status as per the AIIMS Act, 1956 and can the reservation of 33 Per Cent for AIIMS students introduced in 1978 be justified on the basis of principles applicable for a University-wise quota?', 'Whether, in law, the principle of institutional continuity is no longer acceptable because of the judgments of the Supreme Court in Thukral Anjalis case, (1989) 2 SCC 249 and P. K. Goels case,', 'Whether alternatively, even if it is permissible to have institutional quota, the 33 Per Cent quota for MBBS students in P. G. Courses in a National Institute like the AIIMS, which is expected to be premier Institute in medical education, teaching and research is on facts not permissible?', 'In any event, is discipline/department-wise quota as per the scheme of 17/01/1996 valid and is it contrary to the judgment of the Delhi High Court in Dr. Sandeep Tak v. AIIMS (C. W. 2347/95) dated 11-9-1995. ?', 'Is the counselling procedure of 17/01/1996 valid, if it is based on discipline-wise reservation for AIIMS students (other than SC/st students)?', 'Whether the 65 percentile method is valid?', 'What is the relief to be granted in the writ petition?']
Ratio Decidendi: The Court held that the reservation of 33% PG seats in favor of AIIMS in-house candidates was not an objective policy decision arrived at on considerations of public good. The reservation was introduced on account of demand made by the students union which was resorting to agitation and dharnas. The Central Government found such reservation not in public interest and hence it was withdrawn on 24-10-1994. The withdrawal sparked off once again agitations and dharnas by the members of the Union and the Central Government had to kneel down before the students within two months of the withdrawal resulting into the reservation being restored on 17-12-1994. The reservation in favor of AIIMS candidates was thus, not a decision taken with objectivity and by due application of mind to all relevant facts but only under pressure of agitating AIIMS Students Union.
Final Decision: The Supreme Court upheld the decision of the Delhi High Court and struck down the reservation policy.
Judgment
R. C. LAHOTI, J.
( 1 ) DELHI, the National Capital of the country is also the seat of the All India Institute of Medical Sciences, better known as aiims, an autonomous premier institution of national importance. AIIMS- an institution of excellence for excellence:
( 2 ) THE Health Survey and Development Committee, popularly known as the Bhore Committee, in its report published in 1946 recommended the establishment of a national medical centre at Delhi which will concentrate on training well qualified teachers and research workers in order that a steady stream of these could be maintained to meet the needs of the rapidly expanding health activities throughout the country. After the attainment of independence, the Union Ministry of Health proceeded to implement the challenging idea. A munificent grant of one million pounds by the Government of New Zealand through the Colombo Plan helped to translate the idea into a reality. An Act of Parliament in 1956 established the All India Institute of Medical Sciences (AIIMS) as an autonomous Institution of national importance and defined its objectives and functions.
( 3 ) THE All India Institute of Medical Sciences Act, 1956 (hereinafter the Act, for short) sets out the Statement of Objects and Reasons as under :-"for improving professional competence among medical practitioners, it is necessary to place a high standard of medical education, both post-graduate and under-graduate, before all medical colleges and other allied institutions in the country. Similarly, for the promotion of medical research it is necessary that the country should attain self-sufficiency in post-graduate medical education. These objectives are hardly capable of realisation unless facilities of a very high order for both under graduate and post-graduate medical education and research are provided by a central authority in one place. The Bill seeks to achieve these ends by the establishment in New Delhi of an institution under the name of the All India Institute of Medical Sciences. The Institute will develop partners of teaching in under-graduate and post-graduate medical education in all its branches so as to demonstrate a high standard of medical education to all medical colleges and other allied institutions, will provide facilities of a high order for training of personnel in all important branches of health activities and also for medical research in its various aspects. The Institute will have the power to grant medical degrees, diplomas and other academic distinctions which would be recognised medical degrees for the purpose of the Indian Medical Council Act, 1933. "
( 4 ) A reference to a few provisions of the Act is apposite. Section 5 declares that the Institute shall be an Institution of national importance. Section 13 specifies the objects of the institute as under : (A) to develop patterns of teaching in under-graduate and post-graduate medical education in all its branches so as to demonstrate a high standard of medical education to all medical colleges and other allied Institutions in India; (B) to bring together in one place educational facilities of the highest order for the training of personnel in all important branches of health activity; and (C) to attain self-sufficiency in post-graduate medical education. "
( 5 ) WITH a view to promote the abovesaid objects, the functions of the Institute are specified in Section 14 which include amongst others establishment of one or more medical colleges, a dental college, a nursing college and several other institutions. The Institute is not only to produce graduates and post-graduates of outstanding excellence, it is also to train teachers who in their turn would impart instructions in the different medical colleges in India. To achieve the objects and discharging the functions, the Institute is empowered to hold examinations and grant degrees, diplomas and other academic distinctions and titles of under-graduate and post-graduate level. Section 23 o
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