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Dinesh Kumar & Ors vs Motilal Nehru Medical College, ... on 21 July, 1986

Though university wise preference is permissible, college wise preference is not. 70% to 80% reservation has been sustained even where the students from different universities appear at a common entrance test. After the decisions in Dr. Pradeep Jain (supra) and followed by Dinesh Kumar (supra) the practice all over the country was to make 15% of the seats in MBBS course and 25% of the seats in post graduate medical courses in all the government medical colleges in the country available on the basis of merit alone. Students from anywhere in the country can compete for these seats which are allotted on the basis of an all-India test conducted by the designated authority. The rule of preference on the basis of domicile or requirement of residence is not bad provided it is within reasonable limits and does not result in reserving more than the aforesaid percentage. Where the students from different universities appear at a common entrance test the rule of university-wise preference loses its relevance. The explanation of difference in evaluation, standards of education and syllabus lose much of their significance when admission is based upon a common entrance test. At the same time, the right of the State Government to regulate the process of admission and their desire to provide for their own students should also be accorded due deference. In the light of these principles, we examine the facts arising in the present case.
Supreme Court of India Cites 2 - Cited by 58 - P N Bhagwati - Full Document

State Of Rajasthan & Anr vs Dr. Ashok Kumar Gupta & Ors on 11 October, 1988

In State of Rajasthan v. Dr. Ashok Kumar Gupta, 1989 (1) SCC 93, the preference provided for admission to post graduate medical courses in the colleges affiliated to the Rajasthan University should be based upon the merit determined at the competitive examination, however, providing for 5 increasing marks if the applicant passed the final MBBS examination from the Rajasthan University and another 5 marks if the applicant passed the final MBBS examination from the same institution for which selections are being made was considered. This Court noticed that all the medical colleges in the State of Rajasthan located at Jaipur, Bikaner, Udaipur, Jodhpur and Ajmer were not similarly situated and the students who have passed their examination from Jaipur Medical College in the matter of admission to post graduate medical courses in that medical college brought about an extremely unfair and unjust result. It was pointed out that by virtue of rule of preference students with far less marks would steal a march over a student securing higher marks only because he has passed his MBBS examination from the same college.
Supreme Court of India Cites 1 - Cited by 68 - M P Thakkar - Full Document

Anant Madaan vs State Of Haryana & Ors on 25 January, 1995

In Anant Madaan v. State of Haryana, 1995 (2) SCC 135, challenge was to a rule made by the Government of Haryana providing that in the matter of admission to MBBS and BDS courses, 80% of the seats shall be reserved for candidates who have studied 10th, 11th and 12th standards as regular candidates in recognised institutions in the State of Haryana. This challenge was levelled by students who had passed their 10th, 11th and 12th examinations from schools and colleges outside the State of Haryana but whose parents were either residing in or domiciled in the State of Haryana.
Supreme Court of India Cites 5 - Cited by 37 - B P Reddy - Full Document
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