Summary
In its order of 13 April 2018, the Supreme Court referred the challenge concerning reservation for in-service doctors in postgraduate medical admissions to a larger Bench. It found that Dinesh Singh Chauhan had not considered the legislative-competence contentions under Entry 66 of List I and Entry 25 of List III or the three Constitution Bench decisions cited. Interim relief was also left to the larger Bench, and urgent placement before the Chief Justice was directed.
Issues
- Whether the challenge to Regulation 9 and the States’ competence to reserve postgraduate degree seats for in-service doctors required a larger Bench.
- Whether the referring Bench should decide interim relief before counselling.
Provisions considered
- Seventh Schedule, List I Entry 66 and List III Entry 25, Constitution of IndiaThe respective fields concerning higher-education standards and education framed the legislative-competence contentions which the Court found had not been considered in Dinesh Singh Chauhan. (¶¶ 6, 7, 9, 12)
- Regulation 9(4) and (8), as amended on 5 April 2018, Post Graduate Medical Education Regulations, 2000The challenged provisions concerned merit lists and service incentive marks, and reservation in postgraduate diploma courses. Their relationship to States’ claimed power to reserve postgraduate degree seats was referred for larger-Bench consideration. (¶¶ 3, 4, 8, 10, 14)
Held
- The legislative-entry contentions and the three cited Constitution Bench decisions had not been considered in Dinesh Singh Chauhan. In these circumstances the writ petitions required consideration by a larger Bench; the referring order did not resolve the validity of in-service degree reservation. (¶¶ 6, 12, 13, 14)
- Although counselling had commenced or was imminent, interim relief too was left for the larger Bench. The matters were to be placed emergently before the Chief Justice, with liberty to mention them on 16 April 2018. (¶¶ 15, 16, 17)
Result
Writ petitions referred for consideration by a larger Bench, including interim relief; urgent placement before the Chief Justice directed. No reservation or interim relief was granted or refused on merits in this order.