Total Pageviews

Wednesday, March 17, 2010

Education Law--Admission in the MD/MS/PG Diploma and MDS Courses –Reservation--Reservation for SC/ST/Backward Classes at Post-Graduate level

2010(1) LAW HERALD (P&H) 82 (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)