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Shri Ritesh R. Sah vs Dr. Y.L. Yamul & Ors on 15 February, 1996 cites

Indra Sawhney & Ors vs Union Of India & Ors on 8 August, 1991

With regard to the observations in Indra Sawhney case in para 834 and 839 relied upon to contend that the reservation for admission at the post-graduate level is unconstitutional, it was clarified in para 8 that "the Court not speaking of admission to specialities and super specialities, Moreover, MS or MD are not super-specialities. in any event, this Court did not say that they were not permissible". The argument that reservation at post-graduate level is detrimental to the interests of the society was not countenanced holding that "no one will be passed unless he acquires the requisite level of proficiency. Secondly, the academic performance is not guarantee of efficiency in practice. We have seen both in law and medicine that persons with brilliant academic record do not succeed in practice while students who were supposed to be less intelligent come out successful in profession/practice. It is, therefore, wrong to presume that a doctor with good academic record is bound to prove a better doctor in practice. It may happen or may not". In view of the legal position enunciated by this Court in the aforesaid cases the conclusion is irresistible that a student who is entitled to be admitted on the basis of merit though belonging to a reserved category cannot be considered to be admitted against seats reserved for reserved category. But at the same time the provisions should be so made that it will not work out to the disadvantage of such candidate and he may not be placed at a more disadvantageous position than the other less meritorious reserved category candidates. The aforesaid objective can be achieved if after finding out the candidates from amongst the reserved category who would otherwise come in the open merit list and then asking their option for admission into the different colleges which have been kept reserved for reserved category and thereafter the cases of less meritorious reserved category candidates should be considered and they will be allotted seats in whichever colleges the seats should be available. In other words, while a reserved category candidate entitled to admission on the basis of his merit will have the option of taking admission to the colleges where a specified number of seats have been kept reserved for reserved category but while computing the percentage of reservation he will be deemed to have been admitted as a open category candidate and not as a reserved category candidate.
Supreme Court of India Cites 0 - Cited by 259 - Full Document

Union Of India And Ors. Etc vs Virpal Singh Chauhan Etc on 10 October, 1995

In Union of India v. Virpal Singh Chauhan [(1995) 6 SSC 684 at 705] it has been held that While determining the number of posts reserved for Scheduled Castes and Scheduled Tribes, the candidates belonging to reserved category but selected/promoted on the rule of merit Land not by virtue of rule of reservation] shall not be counted as reserved category candidates.
Supreme Court of India Cites 11 - Cited by 447 - B P Reddy - Full Document

Ajay Kumar Singh And Ors. vs State Of Bihar And Ors. on 17 March, 1994

In Ajay Kumar Singh & Ors. v. State of Bihar, & Ors. [(1994) 4 SCC 401] a three-Judge Bench considered the same question for admission in post graduate medical course. It was contended that once the candidates seeking admission to post graduate medical course have already enjoyed the benefit of reservation at the state of their admission to M.B.B.S, course, they are not eligible for admission to post-graduate medical course, as reserved candidates. The contention that provision for reservation at the stage of admission to post graduate medical course is uncalled for and contrary to public interest, cannot be accepted. Firstly, the assumption on the basis of which this argument is addressed is its untenable. A candidate who is seeking reservation at the state of admission to post-graduate medical course may not have availed of the benefit of reservation at the stage of admission to M.B.B.S. course as he would have been admitted on his own merit in the general quota [open competition quota but because the competition at the level of post-graduate medical course is extremely acute, he may have to seek the benefit of reservation. Therefore, the assumption that a student seeking benefit of reservation at the stage of admission to post graduate medical course has already enjoyed the benefit of reservation once previously is not necessarily true. Secondly, there is no rule under Article 15 [4] that a student cannot be given the benefit of reservation at more than one stage during the course of his education career. Where to draw the line is not a matter of law but a matter of policy for the State to be evolved keeping in view the larger interests of the society and various other relevant factors. Unless the line drawn by the State if found to be unsustainable under the relevant article, the court cannot interfere.
Supreme Court of India Cites 43 - Cited by 191 - B P Reddy - Full Document
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