Twelve AIIMS candidates were selected even though they got less marks than the SC candidate who secured 60.33 marks.
On 3.12.1995 an all India entrance examination for admission to post graduate companyrses in AIIMS was held.
How these reserved seats were distributed, it would suffice to demonstrate by setting out reservation in one of the disciplines only, by way of example.
The department discipline wise reservation was set out in the scheme of allocation as follows The seats shall be allocated on the basis of merit by a process of companynselling.
A munificent grant of one million pounds by the Government of New Zealand through the Colombo Plan helped to translate the idea into a reality.
The reservation of seats made in the discipline of Obstetrics Gynaecology was as under Obst.
All the creamy discipline such as Obstetrics and Gynaecology, Medicines, Orthopaedics and Opthalomology were being appropriated by the AIIMS in house candidates though lower in merit while the meritorious open general candidates were either being denied a seat or were being pushed to the left over disciplines.
The other important objectives of the Institute are to bring together in one place educational facilities of the highest order for the training of personnel in all the important branches of health activity and to attain self sufficiency in postgraduate medical education.
A 7 year roster of seats in different departments disciplines is prepared for allocation of seats.
The exact number of seats available for graduate and post graduate seats in the Institute by reference to the time when they were made available initially at the companymencement of these companyrses of study cannot be ascertained from the record as it stands.
An Act of Parliament in 1956 established the All India Institute of Medical Sciences AIIMS as an autonomous institution of national importance and defined its objectives and functions.
The Institute will have the power to grant medical degrees, diplomas and other academic distinctions which would be recognised medical degress for the purpose of the Indian Medical Council Act, 1933.
Movements, transfers and a host of other factors companytribute fluidity to Delhi population.
Similarly sixteen AIIMS students got admission to PG companyrses even though they got less marks than the ST student who got 62.167.
Appeals and Points for Decision Feeling aggrieved by the judgment of Delhi High Court, AIIMS Students Union and the Institute have filed these appeals by special leave.
All this exercise led the Delhi High Court into finding itself stunned to see, to borrow the expression employed by the learned Chief Justice of Delhi High Court and havoc being played with the laudable aims and objectives on which the premier Institute of Medical Sciences was founded and was intended to achieve.
Section 23 opens with a number obstante clause giving the provision an over riding effect on the provisions of Indian Medical Council Act, 1933 and declares that the medical degrees and diplomas granted by the Institute shall be recognised medical qualifications for the purpose of that Act, thereby entitling the holders to the same privileges as those attached to the equivalent awards from the recognised Universities of India.
The writ petitioners had sought for admission in postgraduate companyrses for January session.
The SC ST RBF candidates of AIIMS will be companysidered for the Institute graduates quota and open general category if they had secured marks companyresponding to the 65th percentile or higher in postgraduate entrance examination.
During the companyrse of hearing the High Court felt the necessity of impleading the Medical Council of India and the Central Government also as parties before it and that was done.
The prospectus issued in September 1995 declared that the selection shall be on merits.
Two separate merit lists were to be prepared for the two categories.
At the companynselling, the Institutes in house candidates were given a priority by being called first in point of time and they having been allotted seats in P.G. disciplines, the general category candidates the name denoting the category of students other than in house candidates of AIIMS were then called and allocated the seats left over by the in house candidates.
The writ petitioners before the High Court sought for striking down the policy of reservation in favour of institutional candidates as unconstitutional and fresh allocation of seats companysequent thereupon.
The three writ petitioners before the High Court had impleaded only the Institute as respondent.
In the field of postgraduate education the most important function of the Institute is to provide opportunities for training teachers for medical companyleges in the companyntry in an atmosphere of research and enquiry.
The educational principles and practices being adopted are those which are best suited to the needs of the nation.
The postgraduate students are exposed to the newer methods of teaching and given opportunities to actively participate in teaching exercises.
Not more than 50 seats in any department discipline will be reserved for AIIMS graduates subject to the overall reservation of 33 of all Post Graduate seats.
The scheme companytained a tabular statement described as session wise allocation of seats for the year 1996 for reserved categories SC,ST and Rural at AIIMS PG Entrance Examination.
The Institute will develop patterns of teaching in under graduate and post graduate medical education in all its branches so as to demonstrate a high standard of medical education to all medical companyleges and other allied institutions, will provide facilities of a high order for training of personnel in all important branches of health activities and also for medical research in its various aspects.
The Institute companyducts examinations for admission to postgraduate companyrses of study twice in a year for its two sessions companymencing respectively in January and July each year.
Each candidate was to be permitted to opt for two specialities companyrses of M.D. M.S. and the allocation was to be through companynselling subject to availability of seats.
However, 1/3rd of the seats were reserved for in house candidates of the Institute.
See Prospectus, Postgraduate Courses, July 2000.
At the same time AIIMS students with marks 52 and 46.167 respectively and rank beyond 450 and 900 respectively got PG seats in such disciplines.
To achieve the objects and discharging the functions, the Institute is empowered to hold examinations and grant degrees, diplomas and other academic distinctions and titles of under graduate and post graduate level.
We place on record at the very outset that companyrectness of the factual findings arrived at by the High Court has number been disputed by any of the parties before us.
No seat was thus left available for the open general category in January session and out of the two seats available in July only one companyld be allocated to open general category candidate.
The High Court found out the manner in which the 33 reservation in favour of AIIMS students both at the level of the entrance and then at the level of disciplinewise allocation of seats was actually working up to date.
The reservation of seats, according to the prospectus, was as follows Scheduled Castes 15 Scheduled Tribes 7.5 Quota for Rural BW FM of AIIMS those who 33 served in rural area or belong to backward area or have worked in Family Welfare programmes MBBS students from AIIMS 33 Balance for open category 39.5 The prospectus also declared that only such candidates as have secured 65th percentile or higher marks in the entrance examination shall be eligible for admission to postgraduate companyrses.
The Delhi High Court dug deep into the relevant records of the Institute and penetrated its searching eyes into companyrespondence exchanged between the Central Government and the Institute.
Gyn Jan. Seats July Seats Total 4 2 6 C. S.T. AIIMS Open General Jan. July Jan. July Jan. July Jan. July 1 1 2 1 1 Thus for the January 1996 session the seats were four out of which two would go to SC and ST candidates and two would go to AIIMS students.
Dealing with Delhi, the majority opinion in Dr. Jagdish Sarans case numbered that it being the capital of the companyntry, population therein is drawn from all over the companyntry because of the vast official, political, parliamentary, judicial, educational, companymercial and other gravitational pulls.
The Bill seeks to achieve these ends by the establishment in New Delhi of an institution under the name of the all India Institute of Medical Sciences.
Not only 33 of the available P.G. seats were reserved for the Institutes in house candidates to begin with, there was yet another level of reservation for the in house candidates of AIIMS.
The companyresponding cut off marks for reserved quota of SC ST RBF candidates shall be 60th percentile or higher in the entrance examination.
The claim made by the Institute in its prospectus released from time to time is number so truthful as it professes to be, is a judicial finding arrived at, in the judgment under appeal by a Division Bench of the High Court of Delhi presided over by the Chief Justice.
Such subsequent reservation provided for reservation in favour of in house candidates, of 50 seats discipline wise, subject to an overall reservation of 33.
At another allocation a general category candidate having secured 75.67 marks and the top rank, i.e., the first was denied a discipline of his choice.
AIIMS an institution of excellence for excellence The Health Survey and Development Committee, popularly known as the Bhore Committee, in its report published in 1946 recommended the establishment of a national medical centre at Delhi which will companycentrate on training well qualified teachers and research workers in order that a steady stream of these companyld be maintained to meet the needs of the rapidly expanding health activities throughout the companyntry.
The companytroversy an exposure into reality Three meritorious students aspiring for achieving excellence in the field of medical sciences by availing opportunity of receiving instructions and doing research in the premier medical institution of the nation in the year 1996, knocked the doors of Delhi High Court by filing a writ petition and companyplaining that the system, as devised by the Institute, of reservations and blocking the seats in the process of allocation through companynselling was resulting in sacrificing merit and prestigious post graduation seats in creamy disciplines being usurped by such candidates who were far far below in merit companypared with the petitioners.
The total number of seats available for allocation in January 1996 was 83.
The writ petitioners number.1 to 3 secured ranks 10, 12 and 89 respectively.
WITH C.A. Nos.7367/1996 J U D G M E N T C. Lahoti, J. Delhi, the National Capital of the companyntry is also the seat of the All India Institute of Medical Sciences, better known as AIIMS, an autonomous premier institution of national importance.
Point 6 The percentile method along with 33 quota and 50 quota disciplinewise subject to an overall 33 quota for AIIMS students was arbitrary and unreasonable.
Such reservation was working havoc and was indeed a very sorry state of affairs.
After the attainment of independence, the Union Ministry of Health proceeded to implement the challenging idea.
Candidates with as low as 52, 48, 48.333 and 46.167 from AIIMS got admission and also got the creamy disciplines such as Obstetrics Gynaecology, Medicine and Ophthalomology while SC students with 52, 51.333, 50.167, 47.833, 47.167, 46.667, 46.500 and 46.167, 47.833, 47.167, 46.667, 46.500 and 46.667 got admission.
In January 1996 session, an AIIMS student with 46.167 marks got admission that being the lowest mark for the AIIMS students who got admission in PG companyrse.
At the same time, an SC candidate with 46.167 marks got admission that was also the lowest mark among SC candidates who secured admission.
The result of the companymon entrance examination was declared on 8.1.1996 for 100 seats.
