2009 Supreme(SC) 1785

2009(8) Supreme 66
SUPREME COURT OF INDIA
K.G. Balakrishnan, CJI., P. Sathasivam and J.M. Panchal, JJ.
Dr. Gulshan Prakash & Ors. — Appellants
versus
State of Haryana & Ors. — Respondents
Civil Appeal No. 7964 of 2009
(Arising out of S.L.P. (C) No. 4590 of 2008)
Decided on : 02-12-2009

IMPORTANT POINT
Article 15(4) does not make any mandatory provision for reservation and power to make reservation under Article 15(4) is discretionary and no writ can be issued to effect reservation.

Headnote:Constitution of India,1950 – Article 15(4) – Writ Petition filed by appellants for quashing of prospectus for the MD/MS/PG Diploma and MDS Courses issued by Maharshi Dayanand University, Rohtak, Haryana for Academic Session 2007 – 2008 to the extent that it did not provide any reservation of seats for Scheduled Caste/Scheduled Tribe candidates-Dismissed by High Court – Appeal – As the State Government is competent to make the reservation to a particular class or category, until it is decided by the State, as being a Policy matter, there cannot be any direction to provide reservation at the PG level. The State of Haryana has explained that reservation in under – Graduate Medical Courses is being provided strictly as per their policy. The Post – Graduate Degree/Diploma in medical education is governed by Medical Council. Even, the Medical Council of India has not followed strict adherence to the rule of reservation policy in admission for SC/ST category at Post-Graduate level- Article 15(4) is an enabling provision and the State Government is the best judge to grant reservation for SC/ST/Backward Class categories at Post – Graduate level in admission and the decision of State of Haryana not to make any provision for reservation at the Post –Graduate level suffers no infirmity – Every State can take its own decision with regard to reservation depending on various factors. Since the Government of Haryana had decided to grant reservation for SC/ST categories/Backward Class candidates in admission at MBBS level i.e. under graduate level, then it did not mean that it was bound to grant reservation at Post – Graduate level also. State Government, in more than one communication, had conveyed its decision that it was not in favour of reservation for SC/ST/Backward Classes at Post – Graduate level – In such circumstances, Court could not issue mandamus against their decision and their prospectus also could not be faulted with for not providing reservation in Post – Graduate Courses – Civil Appeal as well as Writ Petition dismissed. (Paras 18 to 20)

        Constitution of India,1950 – Article 15(4) – Scope and ambit – The principle behind Article 15(4) is that a preferential treatment can be given validly when the socially and educationally backward classes need It – This article enables the State Government to make provisions for upliftment of Scheduled Castes and Scheduled Tribes including reservation of seats for admission to educational institutions – Article 15(4) is not an exception but only makes a special application of the principle of reasonable classification – Article 15(4) does not make any mandatory provision for reservation and power to make reservation under Article 15(4) is discretionary and no writ can be issued to effect reservation – Such special provision may be made not only by the Legislature but also by the Executive. (Para 13)

       Facts of the Case :

        Writ Petition was filed by appellants herein in the instant case for quashing of prospectus for the MD/MS/PG Diploma and MDS Courses issued by Maharshi Dayanand University, Rohtak,Haryana for Academic Session 2007-2008 to the extent that it did not provide any reservation of seats for Scheduled Caste/Scheduled Tribe candidates. Said writ petition was dismissed by High Court.

        2. Present appeal has been filed against said order of High Court.

       Findings of the Court :

        As the State Government is competent to make the reservation to a particular class or category, until it is decided by the State, as being a Policy matter, there cannot be any direction to provide reservation at the PG level. The State of Haryana has explained that reservation in under-Graduate Medical Courses is being provided strictly as per their policy. The Post-Graduate Degree/Diploma in medical education is governed by Medical Council. Even, the Medical Council of India has not followed strict adherence to the rule of reservation policy in admission for SC/ST category at Post-Graduate level. Article 15(4) is an enabling provision and the State Government is the best judge to grant reservation for SC/ST/Backward Class categories at Post-Graduate level in admission and the decision of State of Haryana not to make any provision for reservation at the Post-Graduate level suffered no infirmity.Every State can take its own decision with regard to reservation depending on various factors. Since the Government of Haryana had decided to grant reservation for SC/ST categories/Backward Class candidates in admission at MBBS level i.e. under graduate level, then it did not mean that it was bound to grant reservation at Post-Graduate level also. State Government, in more than one communication, had conveyed its decision that it was not in favour of reservation for SC/ST/Backward Classes at Post-Graduate level. In such circumstances, Court could not issue mandamus against their decision and their prospectus also could not be faulted with for not providing reservation in Post-Graduate Courses. Civil Appeal as well as Writ Petition was dismissed.