Thursday, December 3, 2009

[ZESTCaste] Centre's decision for quota in medical PG not binding on states, says SC

Centre's decision for quota in medical PG not binding on states, says SC
TNN 3 December 2009, 03:38am IST

NEW DELHI: In a ruling having a major ramification for medical
education, the Supreme Court on Wednesday held that the Centre's
decision to provide quota for SCs and STs in post-graduate medical
courses did not automatically bind the state governments to follow
suit and implement it in their medical colleges.

It took note of the fact that the Centre has provided for reservation
to SC and ST candidates in the All India Entrance Examination for
MD/MS/PG Diploma and MDS courses and also in the All-India quota PG
seats, but firmly handed down the ruling that "the same cannot
automatically be applied in other sections where state governments
have power to regulate."

Moreover, the Bench comprising Chief Justice K G Balakrishnan and
Justices P Sathasivam and J M Panchal appeared disinclined to grant a
direction to the states to follow the example set by the central
government. It upheld the Haryana government's decision not to provide
quota for SC/ST in PG medical courses.

"In our view, every state can take its own decision with regard to
reservation depending on various factors," said Justice Sathasivam
writing the judgment for the Bench.

It said: "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 PG level in admissions and the decision of the
state of Haryana not to make any provision for reservation at the PG
level suffers no infirmity."

It accepted the Bhupinder Hooda government's explanation that
reservation in under-graduate medical courses is being provided
strictly as per their policy but the PG level education in medical
education was governed by the Medical Council of India (MCI).
It noted that "even the MCI has not followed strict adherence to the
rule of reservation in admisions for SC/ST category at the
post-graduate level."

"In such circumstances, the court cannot issue mandamus (to the state)
against their decision and their prospectus also cannot be faulted for
not providing reservation in PG courses," the Bench said dismissing
appeals filed by one DR Gulshan Prakash faulting the Haryana
government's decision not to provide reservation in PG-level medical
courses in Maharshi Dayanand University.

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