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Dr Swati Sharma And Ors vs Raj Univeristy Of Health Sciences on 11 April, 2011 cites

Dr. Parag Gupta vs University Of Delhi & Ors on 26 April, 2000

8.Be it stated that in that particular case the Court was in fact not required to examine the issue that arose in Pradeep Jain or Parag Gupta's cases and answered in those two cases. A bare look at the judgment of the 3-Judge Bench in Pradeep Jain's case and two-Judge Bench in Parag Gupta's case in relation to the question of preference in the post graduate course it cannot but be held that the Parag Gupta's case took a different view by upholding the residential preference, in essence, which was contrary to the judgment of the three-Judge Bench in Pradeep Jain's case.
Supreme Court of India Cites 7 - Cited by 63 - Full Document

Magan Mehrotra And Ors. vs Union Of India (Uoi) And Ors. on 17 December, 2002

In Magan Mehrotra (supra), this Court held that the decision in Dr. Parag Gupta (supra) is contrary to the decision in Dr. Pradeep Jain (supra) stating:(SCC p.190, paras 8-9) Perusal of the para quoted aforesaid shows that judgment in the case of Dr Parag Gupta (supra) to be contrary to the case of Dr Pradeep Jain (supra). In view of the aforesaid, the judgment in the case of Dr Parag Gupta has not been approved.
Supreme Court of India Cites 6 - Cited by 80 - Full Document

Dr. Prachi Almeida vs The Dean, Goa Medical College & ... on 3 September, 2001

6) The position with respect to minority aided institutions is that they are bound by the requirement of constitutional reservation along with other regulatory controls. However, the right to admit students of their choice being part of the right of religious and linguistic minorities, to establish and administer educational institutions of their choice, the managements of these educational institutions can reserve seats to a reasonable extent, not necessarily 50% as laid down in Stephens College case. Out of the seats left after the deduction of management quota, the State can require the observance of the requirement of Constitutional reservation.
Supreme Court of India Cites 5 - Cited by 31 - Full Document

Dr. Pradeep Jain And Ors. vs Union Of India (Uoi) And Ors. on 22 June, 1984

Petitioners have come up with the case that they belong to the State of Rajasthan thus should not be deprived to get admission in PG course only on the ground they they have undertaken their MBBS course from the other State/ University. For consideration of the aforesaid issue, reference of the judgment in the case of Dr Pradeep Jain (supra) would be relevant. According to Hon'ble Apex Court, it would not be desirable to provide reservation based on residence or even institutional preference but having regard to broader consideration of equality of opportunity and institutional continuity in education which has its own importance and value certain percentage of seats were allowed to be reserved based on institutional preference. Relevant part of para 22 of the judgment is quoted thus -
Supreme Court of India Cites 23 - Cited by 215 - P N Bhagwati - Full Document

Dr. Pradeep Jain Etc vs Union Of India And Ors. Etc on 22 June, 1984

3.This Court by a three-Judge Bench considered the question of admission to the Medical Colleges as well as reservation of seats for residents of the State or students of same University laboratory in the case of Dr. Pradeep Jain v. Union of India . So far as the admission to Post Graduate Course is concerned, the Court held that for admission to Post Graduate Courses it would be eminently desirable not to provide for any reservation based on requirement of residence within the State or on institutional preference. Having said so, the Court went on further to hold that having regard to broader considerations of equality of opportunity and institutional continuity in education which has its own importance and value, we would direct that though residence requirement within the State shall not be a ground for reservation in admissions to post-graduate courses, a certain percentage of seats may in the present circumstances be reserved on the basis of institutional preference in the sense that a student who has passed MBBS course from a medical college or university may be given preference for admission to the post graduate course in the same medical college or university but such reservation on the basis of institutional preference should not in any event exceed 50 per cent of the total number of open seats available for admission to the post-graduate course. We are not concerned with the other observations made in the aforesaid case since in the case in hand we are also concerned only with the admission to the post-graduate course. The aforesaid decision unequivocally indicates that even though it would be ideal not to have any reservation either on residence requirement or on institutional preference but the students passing out their under-graduate study from a University should have some preferential treatment and it is in that context the aforesaid observation has been made. It may be stated that in the aforesaid case before disposing of the matter all States were duly noticed and those who had entered appearance, their contentions were taken into account and finally the matter stood disposed of, as stated above.
Supreme Court of India Cites 23 - Cited by 470 - P N Bhagwati - Full Document

Saurabh Chaudri & Ors vs Union Of India & Ors on 4 November, 2003

Since the controversy raised herein was before the Hon'ble Apex Court in the case of Magan Mehrotra and in the case of Saurabh Chaudri (supra), I cannot take a different view than taken by the Hon'ble Apex Court. Relevant paras of both the judgments have been quoted in this judgment to show that as to what was the controversy therein and decision thereupon. This was even to focus as to whether instant cases exist on the same facts or not. The present cases having been covered by the judgments aforesaid, I am unable to accept the prayer made in the present writ petitions.
Supreme Court of India Cites 40 - Cited by 182 - V N Khare - Full Document
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