13 July 2020 2:48 PM GMT
In a first, a five judge Constitution bench will hold a 'virtual sitting' tomorrow to hear a batch of cases which raises the issue whether the states can provide reservation to in-service candidates to PG Courses.The five judge bench comprising of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose would sit in 'Virtual Court no.3' at 11 am and hear the batch of...
The five judge bench comprising of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose would sit in 'Virtual Court no.3' at 11 am and hear the batch of cases.
The lead case in this regard, was filed by Tamil Nadu Medical Officers' Association challenging Regulation 9(4) and (8) of the Post Graduate Medical Education Regulations, 2000, as framed by the Medical Council of India. Their main contention is that "the coordination and determination of standards in institutions for higher education" is within the exclusive domain of the Union, medical education under Entry 25, List III, though made subject to Entry 66 of List I, being an Entry in the Concurrent List, the State is not denuded of its power to legislate on the manner and method for admissions to Post Graduate Medical Courses.
Before the three judge bench, centre cited Dinesh Singh Chauhan case, a three-judge bench judgement which had held that the state cannot provide reservation to in-service candidates to PG Courses.
However, the bench of Justices Kurian Joseph, Mohan M. Shantanagoudar and Navin Sinha agreed with the contention of the petitioners that, in the said case, the Court had not considered the legislative Entries and there was no reference to three Constitution Bench decisions of the apex Court, namely, R. Chitralekha and Another v. State of Mysore and Others, reported in (1964) 6 SCR 368, Kumari Chitra Ghosh and Another v. Union of India and Others, reported in (1969) 2 SCC 228 and Modern Dental College and Research Centre and Others v. State of Madhya Pradesh and Others, reported in (2016) 7 SCC 353.
The case was then referred before a Constitution Bench. The Bench had refused to grant interim relief of separate source of entry or a reservation for in-service candidates in post-graduate medical degree courses.