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2020 Supreme(SC) 529

ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN, M.R.SHAH, ANIRUDDHA BOSE
TAMIL NADU MEDICAL OFFICERS ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent


Advocates appeared:
For the parties :C. S. Vaidyanathan, V. Giri, Jayant Muthraj, Balaji Srinivasan, M. Yogesh Kanna, Amit Kumar, Avijit Mani Tripathi, Kuldeep Rai, Suman Banerjee, Jayesh Gaurav, Robin Khokhar, Nishesh Sharma, Gurmeet Singh Makker, Soumitra G. Chaudhuri, Chanchal Kumar Ganguli, Motahar Hossain, Sarifa Chowdhury, Tejaswi Kumar Pradhan, Sarad Kumar Singhania, Rashmi Singhania, Kartik Ray, Jose Abraham, M/S. Khaitan & Co., Ranjan Mukherjee, Subhasish Bhowmick, Manisha Pandey, A. K. Mishra, Gaurav Sharma, Dhawal Mohan, Prateek Bhatia, Jishnu M. L., Priyanka Prakash, Beena Prakash, G. Prakash, Ankit Anandraj Shah, Jose Abraham, Atul Kumar, V. N. Raghupathy, Krishna Kumar Singh, M/S. S-legal Associates, Advocates

JUDGMENT :

M.R. SHAH, J.

Leave & permission granted in the respective special leave petitions.

2. After considering the judgment rendered by a three Judge Bench of this Court in the case of State of U.P. v. Dinesh Singh Chauhan., (2016) 9 SCC 749, another three Judge Bench, pursuant to order dated 13.4.2018 in the case of T.N. Medical Officers Association v. Union of India, (2018) 17 SCC 478, has referred the present batch of cases to a larger Bench.

2.1 In the case of Dinesh Singh Chauhan (supra), a three Judge Bench construed the provisions of Regulations 9(IV) and 9(VII) of the MCI Postgraduate Medical Education Regulations, 2000, as amended on 15.2.2012 (hereinafter referred to as the “MCI Regulations 2000”). In the case of Dinesh Singh Chauhan (supra), while considering the aforesaid Regulations, this Court held that the aforesaid Regulations do not provide for any reservation for in-service government doctors in PG degree courses, and therefore, the State Government order providing the reservation for PG degree courses for in-service government doctors is held to be illegal.

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