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Friday, March 5, 2010

2010(1) LAW HERALD (P&H) 10 (SC)


IN THE SUPREME COURT OF INDIA

Before

The Hon’ble Mr. Justice K.G. Balakrishnan, CJI

The Hon’ble Mr. Justice P. Sathasivam

The Hon’ble Mr. Justice J.M.Panchal

Civil Appeal No. of 2009 [Arising out of S.L.P. (C) No. 4590 of 2008] With Writ Petition (C) No. 69 of 2009

Dr. Gulshan Prakash & Ors.

v.

State of Haryana & Ors.

{Decided on 02/12/2009}

IMPORTANT POINT

Education--Government of Haryana decided to grant reservation for SC/ST categories/Backward Class candidates in admission at MBBS level i.e. under graduate level, then it does not mean that it is bound to grant reservation at the Post-Graduate level also.

(A) Education Law--Admission in the MD/MS/PG Diploma and MDS Courses –Reservation--Reservation for SC/ST/Backward Classes at Post-Graduate level--State Government conveyed its decision that it is not in favour of reservation for SC/ST/Backward Classes at Post-Graduate level--Court cannot issue mandamus against their decision and their prospectus also cannot be faulted with for not providing reservation in Post-Graduate Courses--However, State of Haryana is free to reconsider its earlier decision. (P.19)

(B) Education Law--Admission in the MD/MS/PG Diploma and MDS Courses –Reservation--Reservation for SC/ST/Backward Classes at Post-Graduate level--State can take its own decision with regard to reservation depending on various factors--Government of Haryana decided to grant reservation for SC/ST categories/Backward Class candidates in admission at MBBS level i.e. under graduate level, then it does not mean that it is bound to grant reservation at the Post-Graduate level also. (P.19)