Institutional Reservation in P.G. Medical Course

Karthik.T | Sastra Deemed University Thanjavur | 2nd July 2020

AIIMS Student Union Vs Union Of India

FACTS:

Three meritorious students who want to become a good doctor challenged the admission to postgraduate courses in AIIMS. The system of admission in AIIMS was institutional reservation about 33% who graduated from AIIMS and coupled with 50% reservation on discipline wise and based on their scores which ensure admission for all graduating from AIIMS. This was challenged by these students that it is violative of Article 14 and hence it should be struck down.

PETITIONER CONTENTION:

The petitioner contended that in 1995 an All India Examination was conducted for admission into AIIMS college. In that entrance exam, the three petitioners have participated. After the result the AIIMS student who had scored less they got admission and the SC and ST who scored more in the entrance, as well as the graduate exam, has not got the admission. The in house candidates of AIIMS have got the admission in more numbers rather than who scored more marks and who ranked top.

This resulted in dharnas and protests by the student union.

LEGAL PROVISION:

Article 14 of the Indian Constitution.

OBSERVATION:

The court observed all the petitioner contention and held that the reservation of 33% based on their discipline wise and who graduated from the AIIMS will have preference first is unconstitutional according to Article 14 of the Indian Constitution. And held that then what is the purpose of the entrance exam. the extra 33% to their in house candidate is ultra virus and there is no intelligible differentia that distinguished the institutional candidate from others. And there was no nexus sought to be achieved with the object of AIIMS by such reservation

JUDGMENT:     

The court held that institutional reservation is not supported by the constitution and held the reservation of structure of AIIMS is violative of Article 14 of the Indian constitution and hence struck down. Then the same matter has been appealed to the Supreme Court. The Supreme also held that it is violative and struck down the reservation and imposed some guidelines to the colleges.