Holding

The Court upheld the NEC and teachers quotas as valid reservations within constitutional limits, struck down the State Health Service quota and the exemption from the entrance examination for NEC and health‑service candidates, while upholding the teachers' exemption and the proviso to Rule 8(vii).

Summary

The Supreme Court examined the constitutionality of several reservation provisions in the Assam Medical Colleges (Regulation of Admission to Post‑Graduate Courses) Rules, 1997, specifically the NEC quota, teachers quota, and State Health Service quota, as well as the exemption of certain categories from the common entrance examination. It held that reservation must be within reasonable limits and based on intelligible differentia linked to social and educational backwardness. The Court upheld the NEC quota (sub‑rule (ii)) and the teachers quota (sub‑rule (iii)) as valid classifications, but struck down the State Health Service quota (sub‑rule (iv)) as unconstitutional. It also declared the exemption from the entrance test invalid for NEC and health‑service candidates, while maintaining the exemption for teachers. Finally, the proviso to Rule 8(vii) was upheld, and the appeals were partly allowed, setting aside the High Court’s judgment to the extent indicated.

Issues considered

Whether the reservation under sub‑rule (ii) (NEC quota) is permissible under Articles 15(1), 15(4) and 29(2) of the Constitution.
Whether the reservation under sub‑rule (iii) (teachers quota) is constitutionally valid.
Whether the reservation under sub‑rule (iv) (State Health Service quota) is constitutionally valid.
Whether candidates covered by sub‑rules (ii), (iii) and (iv) can be exempted from appearing in the common entrance examination.
Whether the proviso to Rule 8(vii) is valid.
Whether the overall reservation scheme exceeds the permissible 50% limit after excluding the All‑India quota.

Legislation cited

Constitution of Indias. Art. 15(1), s. Art. 15(4), s. Art. 29(2)

Subjects

reservationpost‑graduate medical admissionmeritentrance examinationconstitutional validityArticle 15(4)classificationaffirmative action

Judgment

A DR. NARAYAN SHARMA AND ANR. ETC.
v. .
DR. PANKAJ KR. LEHKAR AND ORS. ETC.

NOVEMBER 3, 1999 .
#

B [G.B. PATTANAIK, M. SRINIVASAN AND S.N. PHUKAN, JJ.]

Constitution of India, 1950.

Articles 15(1), 15(4) and 29(2)-Post-graduate Courses-Admission-
C Criterion-Held, admission to post-graduate courses should be strictly on
merit-Method-Held, entrance examination for uniform standard in
assessment of merit-Reservation-Sec oe of Article 15(4)-Held, reservation
should be within reasonable limits-Classification should· be based on
intelligible differentia having rational .nexus to the object of the Rule-
D Assam Medical Colleges (Regulation ofAdmission to Post Graudate Courses)
Rules, 1997.

Assam Medical Colleges (Regulation of Admission to Post Graduate
Courses) Rules, 1997

E Rule 4 (ii)-Post-graduate Courses-Reservation-N.E.C. quota-No
Medical College in 5 States-Held, candidates belonging to 5 States form
a separate class-Rule 4(ii) is valid.

R.4 (iii)-Teachers quota-Dearth of qualified Doctors-Institutional
requirement-Held, teachers form a class by themselves-Rule 4(iii) is valid
F
R.4(iv)--States Health Service quota-Reservation of seats/or Doctors
working in places not situated-in Municipal areas-Held, the rule does not
require the doctor to serve in a remote rural area-Even if the rule had
provided for service in a rural area, the classification is not a valid one-
G Rule 4(iv) is unconstitutional and void-Rightly quashed.

Rule 5 (i)-Exemption from entrance test to candidates mentioned in
Rules 4(ii), (iii) and (iv)-Held, admission to post-graduate courses should
be strictly on merits-Assessment of merit by performance in entrance
examination-Admission not to be left to arbitrary discretion of any
H 364
DR. N. SHARMA v. DR. PANKAJ KR. LEHKAR 365
administrative body-lfeld, Rule 5(i) is unconstitutional and not valid so A
far as it exempts candidates referred to in Rule 4(ii) and (iii)-As regards
exemption to teachers, the provision is valid

Rule 8 (vii)-Provision for filling up vacancies-Upheld

The validity of Rules 4(ii), (iii) and (iv), 5(i) and S(vii) of Assam Medical B
Colleges (Regulation of Admission to Post-Graduate Courses) Rules, 1997,
framed for regulating admissions ·to post-graduate courses· in medical colleges
of Assam, were challenged in writ petition by respondents on the ground that
there could not be any reservation for post-graduate courses and that at any
rate, reservation provided thereunder were arbitrary and uncanalised. High C
Court struck down Rules 4(ii), (iii) and (iv), 5(i) and S(vii) on the ground that
merit should be the sole criterion for admission to post-graduate medical
courses subject to reservation permitted by the Constitution. Aggrieved by
· the judgment of High Court. persons who were not parties before High Court
and affected by the said judgement, the State of Assam and some of the in-
service doctors, have filed the present appeals. D
The appellant- State contended that students of States belonging to North
Eastern Council form a class by themselves and it is valid classification; and
that reservation under teachers quota is valid on the ground of institutional
requirement
E
The respondent contended that there was no necessity for reservation
for the categories of candidates mentioned in sub-rules (ii) to (iv) of Rule 4;
and that reservation could be made only in accordance with Article 15(4) of.
the Constitution and provisions in the Constitution have been violated by the
State Government by framing such rules.
F
Partly allowing the appeals, the Court

HELD: 1. A provision for reservation must be within reasonable limits.
There can be a reasonable classification based on intelligible differentia for
the purpose of Articles 15(1), 15(4) and 29(2). There can be reservation for G
persons belonging to areas which are socially and educationally backward. A
rural area is not a class by itself and cannot be considered to be socially and
educationally backward merely because it is a rural area. (382-C-D)

MR. Balaji and Ors. v. State of Mysore, [1963) Supp. lSCR 439 and
Chitra Ghosh and Anr. v. Union ofIndia and Ors., (1970) l SCR 413, followed. H
366 SUPREME COURT REPORTS [1999] SUPP. 4 S.C.R.

A State of U}.P. v. Pradip Tandon, [1975) 1SCC267, relied on.

2. Admission to post-graduate courses should be strictly based on merit
The merits of the candidates seeking admission to higher educational courses
shall be judged by uniform standard and for that purpose holding an entrance
examination is the best method. There shall be no dilution of standards in
B higher educational courses and in particular, post-graduate courses.
(382-E-F]

Unnikrishnan v. State of A.P., (1993) 1 SCC 645 and Dr. Preeti
Srivastava & Anr. v. The State of Madhya Pradesh & Ors. JT, (1999) 5 SC
498, followed.
c
Jagdish Saran v. Union of India, (1980) 2 SCC 768; Suman Gupta v.
State of J & K, (1983) 4 SCC 339; Pradeep Jain v. Union of India, (1984) 3
SCC 654; Dinesh Kumar v. Motilal Nehru Medical College, (1985) 3 SCC
22; Thapar Institute of Engineering and Technology v. State of Punjab and
D Anr., [1997) 2 SCC 65; Shri Chander Chinar Bada Akhara Udasin Society
& Ors. v. State ofJ&K and Ors., (1996) 5 SCC 732 and Ravindra Kumar Rai
v. State of Maharashtra, (1998) 3 SCC 183, relied on.

Dr. Dinesh Kumar and Ors. v. Motilal Nehru Medical College & Ors.,
(1986) 3 SCC 727; State of Gujarat and Ors. v. Meghji Pethraj Singh
E Charitable Trust and Ors., (1994) 3 SCC 552; Dr. Sadhna Devi and Ors. v.
State of MP. and Ors., (1997) 3 SCC 90, affirmed.

Dr. Snehlata Patnaik and Ors. v. State ofOrissa and Ors., (1992) 2 SCC
26, referred t(I.

F 3.1. Sub-rule (ii) of Rule 4 of Assam Medical Colleges (Regulation of
Admission to Post Graduate Courses) Rules provides that 4 seats shall be
reserved for the candidates recommended by the NEC. A perusal of the North
Eastern Council Act, 1971 shows that the functions of the Council include
making of recommendations with regard to any matter of common interest in
G the field of economic and social planning. Apart from the 3 colleges in Assam,
there is only one medical college in Manipur and other five States in the North
Eastern region do not have any medical college. The quota is meant for the
five States which do not have any medical college. Students of these states
are handicapped in getting medical education. There is absolutely no doubt
. that the candidates belonging to the 5 States of North Eastern Region where
H there is no medical college form a separate class and a reasonable provision
DR. N. SHARMAv. DR. PANKAJ KR. LEHKAR 367
for them reserving a few seats in the medical courses is not violative of any A
of the provisions of the Constitution. Hence, the reservation of 4 seats under
N.E.C. quota is upheld. [384-D-E)

Chitra Ghosh & Anr. v. Union of India & Ors., (1970) 1 SCR 413,
followed.
B
3.2. Rule S(i) provides that the candidates referred to in Rule 4(i), (ii),
(iii), and (iv) shall not be required to appear in the entrance examination. With
reference to the candidates referred to in sub-rule (ii) of Rule 4, there is no
justification for exempting them from appearing in the entrance examination.
The selection of candidates for post-graduate courses should be based only C
on merit and it cannot be left to the arbitrary discretion of any administrative
body. Reservation can be provided only on the basis of merit which i:an be
assessed by the performance of the candidates in the entrance examination.
The NEC cannot choose any candidate according to its whims and fancies and
has to recommend candidates only in accordance with the rank secured in
the entrance examination. Hence, the provision in Rule S(i) exempting the D
candidates referred to in sub-rule (ii) of Rule 4 from appearing in the entrance
examination has been rightly struck down. [386-F-H; 387-A)

4.1. Sub-rule (iii) of Rule 4 provides for 6 seats to be reserved for
teachers subject to certain conditions. As per the norms prescribed by Medical
Council of India, post-graduate qualification is mandatory for appointment of E
candidate to the rank of Assistant Professor and above. The recruitment of
the teaching faculty is done in the rank of Demonstrator and Registrar etc.,
for which only MBBS degree is necessary; acquiring of P.G. degree is a must
for the teaching faculty in the interest of the institute and the students. There
is dearth of qualified doctors for promotion to the rank of Assistant Professors F
and above, in some para-clinical and non-clinical subjects for which several
posts could not be filled up in the medical colleges of Assam. As a result, the
academic inte"'st of the institution was badly hampe1ed. Thus the reservation -
is justified on the ground of institutional requirements. There cannot be any
doubt that the teachers for_m a class by themselves and the classification is
based on intelligible differentia having rational nexus to the object of the Rule. G
Hence the reservation of6 seats under the Teachers quota is upheld. [384-F]

4.2. There is no need for the teachers to participate in the entrance
examination as they have been constantly in touch with the subject/discipline
for which reservation is made. The concept of entrance examination was evolved H
368 SUPREME COURT REPORTS [1999) SUPP. 4 S.C.R.

A for the purpose of prescribing uniform standard for judging all the candidates
and merit should be the criterion for admission to post graduate courses. Both
the tests will be satisfied in the case of teachers who have been working in
the medical colleges of Assam for the required number of years. The rule in
so far as it exempts the teachers from appearing in the entrance examination
B is valid. (387-A-C)

5.1. Under sub-rule (iv) of Rule 4, reservation is made for doctors
appointed in State Health Services who have worked at least 5 years on regular
basis in any health centre/institution which is not situated in the municipal
area. The rule is·worded in negative terms and not in positive terms. Any
C place just-outside a municipal town is one which is not situated in a municipal
area and which will fall within the scope of sub-rule. The doctor working in
an institution situated in a place immediately adjacent to but outside a
municipal town will get the benefit of the rule while in practice, he will also
get all the benefits available in the urban areas situated within the municipal
limits. The rule does not require the doctor to serve in a remote rural area
D for getting the benefit of the rule. Even, if the rule had provided for service in
a rural area, the classification is not a valid one. The quashing of sub-rule
(iv) of Rule 4 is upheld. (385-F, G; 386-B, C, E,]

State of U.P. v. Pradip Tandon, (1975) 1SCC267, relied on.
t
E Dr. Dinesh Kumar & Ors. v. Motilal Nehru Medical College & Ors.,
(1986) 3 sec 727, affirmed.

5.2. Since reservation for candidates referred to in sub-rule (iv) of Rule
4 is not valid, consequently the question of exempting them from appearing
in the entrance examination does not arise. Even if for any reason, the
F reservation of seats under sub-rule (iv) of the State Health Service quota is
upheld, the exemption of the candidates referred to in that sub-rule from
appearing in the entrance examination is not valid. There is no earthly reason
for exempting them from appearing in the entrance examination. In order to
maintain high standards required for admission to post-graduate courses,
G those candidates should also be made to appear in the entrance examination
and admission must be made only on the basis of merit. [387-D-E]

6. The High Court has struck down the entire Rule 8(vii) overlooking
that the challenge is only to the proviso to the Rule and not the main part of
ttie Rule. The proviso is only discretionary and not mandatory, and only
H provides for first priority being given to NEC for seat lying vacant under the
DR. N. SHARMA v. DR. PANKAJ KR. LEHKAR [M. SRINIVASAN, J.) 369
.,
category referred to in Rule 4(i). The reason given for upholding the A
reservation of seats for candidates referred to in sub-rule (ii) of Rule 4, shall
hold good for upholding the proviso to sub-rule (vii) of Rule 8. [387-F-G)

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5242-
5243 of 1998 Etc.
B
From the Judgment and Order dated 20.5.98 of the Assam High Court
in C. Rules Nos. 3493 and 3544of1997.

P.K. Goswami, (Satvik Verma) for Kailash Vasdev for the Appellants .
....
Vijay Hansaria and Sunil Kumar Jain, (Subharajyoti Borthakur), for
Mis. Jain Hansaria & Co. for the State of Assam.
c
G.L. Sanghi, Suresh Ch. Gupta, Ms. Geeta Deka, (A. Guneshwar Sharma)
for Ms. Rekha Pandey, Raj iv Mehta and Anil Shrivastav for the Respondents.

The Judgment of the Court was delivered by
D
M. SRINIVASAN, J. These appeals are directed against the judgment
of the Gauhati High Court in Civil Rule No. 3493/97 and 3544/97, both being
writ petitions under Article 226 of the Constitution. Civil Rule No. 3493/97 was
filed by respondents 1-25 in Civil Appeal Nos. 5242-43/98. Civil Rule No. 3544/
97 was filed by respondents 26-42 in the said appeals. The appellants in the E
said appeals were not parties in either of the writ petitions in the High Court.
Respondents 43,43A, 44 and 45 in the said appeals were respondents 1-4 in
Civil Rule No. 3493/97 and respondents 43, 43A and 44 were the respondents
in Civil Rule No. 3544/97. We find it convenient to refer to the parties as
arrayed in Civil Appeal Nos. 5242-5243/98.
F
2. The respondents 1-25 challenged in their writ petition the validity of
Rules 4, 5 and 8 (vii) of the Assam Medical Colleges (Regulation of the
Admission to the Post-Graduate Courses) Rules, 1997 (hereinafter referred to
as the 'Rules') on several grounds. Respondents 26-42 had on their writ
petition prayed for a direction to allow them to appear in the entrance
G
examination for the Session 1996-97 and that they should be admitted only

) on the basis of the performance and merit in the entrance examination. They
prayed for issue of a writ quashing the corrigendum issued by the Director
of Medical Education in the Educational Notice dated 11.7.1997 whereby the
candidates referred to in sub-rules (i), (ii), (iii), and (iv) of Rule 4 of the 'Rules'
were exempted from appearing in the entrance examination. H
370 SUPREME COURT REPORTS [1999] SUPP. 4 S.C.R.

A 3. The Government of Assam framed in February 1995 the Assam
Medical Colleges (Regulation of Admission to Post-Graduate Courses) Rules,
1994 (hereinafter referred to as the '1994 Rules') under Article 166 of the
Constitution of India regulating admissions to the Post-graduate Courses in
the medical colleges of Assam. Rule 5 of the said Rules provided for eligibility
for competitive examination. Rule 7 provided for scheme of selection and
.,.,B provisions were made for reservation. In 1997, the earlier Rules were superseded
and the 'Rules' were framed. The 'Rules' came into force w.e.f. 1.7.1997. Rule
4 provides for reservation. Sub-rule (i) relates to All India quota seats being
25% of the total seats. Sub-rules (ii), (iii) and (iv) which are under challenge
read as follows:
c "(4) Reservation in seats
(ii) N.E. C. quota seats: Two seats in degree and two seats in diploma
courses shall be reserved for the candidates recommended by the
North Eastern Council.
D (iii) Teachers Quota seats: Six seats shall be reserved for those teachers
who are appointed on a regular basis on the recommendation of the
Commission, in any of the Medical Colleges of Assam and who had
at least 3 years teaching experience after regular appointment in the .
subject/discipline for which the seat is available provided that the
requirement of teaching experience may be relaxed by a maximum of
E 1 year in case of pre and para clinical subjects, by the Government.
(iv) State Health Service quota seats: Twenty seats shall be reserved
for the doctors appointed in the State Health Service on a regular
basis on the recommendation of the Commission and who have worked
for at least five years on a regular basis in any Health Centre/
F Institution which is not situated in a municipal area."
Sub-rule (v) and (vi) are in the following terms:-
"(v) Following percentages of the seats available after excluding the
seats reserved as referred to in (i), (ii), (iii), and (iv) above shall be
G reserved for Scheduled Castes, Scheduled Tribes and Castes OBC/
MOBC candidates:-
s.c.
S.T.(P)
7%

10%
c
H S.T.(H) 5%
DR. N. SHARMA v. DR. PANKAJ KR. LEHKAR [M. SRINIVASAN, J.] 371
OBC/MOBC 15% A
(vi) On the date of commencement of these rules, the number oftota1
seats in different disciplines in different colleges and their break up
among the reserved categories as mentioned in sub-rule (i), (iv) and
(v) above shall be as iq Appendix-I. Changes, if any, in this regard
shall be notified at the time of advertisement for admission by the B
Government.
·'
Rule S(i) and (ii) as corrected are as follows:-

"5. Entrance examination and eligibility thereof-
(i) An examination shall be conducted for the purpose of admission C
to the Post-graduate Degree and Diploma courses in the Medical
Colleges of Assam by the Gauhati University as per the scheme given
at Appendix-II. Provided that the candidates referred to in sub-rule (i),
(ii), (iii) and (iv) of Rule 4 shall not be required to appear in the
Entrance Examination. D
(ii) The University authorities shall prepare a merit list based on the
sum total of the marks obtained in the Entrance Examination and the
percentage of marks obtained in all the three MBBS examinations by
each candidate and publish the same in the leading newspapers in the
State."
E
Rule 8(vii) reads as f9llows:-

"8. Vacancies:-

(vii) Any seat lying vacant under the category referred to Rule 4(i)
shall be filled up by the Director, Medical Education, with approval of F
the Government in accordance, with the procedure of Rule 8(i) and
8(v) and after informing the Government of India of such vacancy."

Provided, if there is any demand for such vacant seats by North
Eastern Council for allotment of the same to the candidate from North
Eastern States other than Assam, the Govt. may allot the seats to G
North Eastern Council as first priority".

4. Respondents 1-25 challenged the validity of Rules mainly on the
ground that for Post-graduate courses, there could be no reservation and that
at any rate, the reservations provided under sub-rules (ii), (iii) and (iv) of rule
4 are arbitrary and uncanalised. It was also their contention that there was H
372 SUPREME COURT REPORTS [1999] SUPP. 4 S.C.R.

A no justification whatever for exempting the persons covered by those sub-
rules from writing the entrance examination. The grievance of respondents 26-
42 was that the doctors who are in service should not be exempted from
writing the entrance examination. According to them, the merit. of such
candidates should be decided only on the basis of performance in entrance
B examination. They are doctors in service and they claimed to have completed
more than five years service in rural areas. They challenged the Rule to the
extent to which it exempted the in-service doctors from appearing i11 the
entrance examination.

5. The State of Assam filed a counter affidavit in Civil Rule No. 3493/
C 97 only. There is no counter-affidavit in the other writ petition filed by
respondents 26-42. As pointed out by the High Court repeatedly in its
judgment, even the counter-affidavit filed in Civil Rule No. 3493/97 was
unsatisfactory as the State Government did not choose to deal with the
contentions raised by the writ petitioners properly and did not choose to
place the relevant facts and particulars before the Court. In particular, the
D counter-affidavit filed by the State Government has not dealt with the
contentions of the writ petitioners that the corrigendum issued by the Director,
Medical Education was in contravention of the Rules of Executive Business.
The State Government did not also set out the relevant particulars for justifying
reservation for candidates recommended by the North-Eastern Council.

E 6. The High Court heard both the writ petitions and rendered a common
judgment whereby it struck down sub-rules (ii), (iii), & (iv) of Rule 4 as well
as Rules 5(i) and 8 (vii). The High Court has opi'ned that merit should be the
sole criteriOn for admission to Post-graduate medical courses subject to the
reservation permitted by the Constitution. Consequently, the High Court
F allowed both the writ petitions.

7. The appellants in Civil Appeal Nos. 5242-43/98 were not parties in
either of the writ petitions. They are aggrieved by the judgment of the High
Court as they are affected by the quashing of Rule 4(iii) of the Rules. They
applied for permission to file Special Leave Petition in this Court and the same
G was granted by order dated 27. I 0.1998 when leave was granted in all the
Special Leave Petitions. The State of Assam has filed Civil Appeal Nos. 5244-
45/98. The Petitioner Nos. 1-6, 9, JO, 12-14 in Civil Rule No. 3544/97 are the
appellants in Civil appeal No. 5246/98 while the other writ petitioners are
---
shown as respondents 4-9 in the said appeal.
'
H 8. Mr. P.K. Goswami, learned Senior Counsel appeared for the appellants .
DR. N. SHARMA v DR. PANKAJ KR. LEHKAR [M. SRINIVASAN, J.] 373
in C.A. Nos. 5242-43/98 and supported the reservation for teachers and A
exemption for them from appearing in the entrance examination. He submitted
that there was no challenge in the writ petition to the validity of sub-rule (iii)
of Rule 4 and that no teacher was impleaded as a party to the writ petition.
We suggested to the counsel not to rely much on such technical contentions
but to argue the matter on merits. Mr. Vijay Hansaria, learned counsel for the
State of Assam argued in support of the provisions in the impugned rules. B
9. Mr. Raj iv Mehta, learned Counsel appearing for the appellants in Civil
Appeal No. 5246/98 contended that the High Court has committed an error
in issuing a writ quashing the reservation for the in-service doctors and what
all they prayed for in their writ petition was only to quash the ptovision C
exempting such doctors from writing the entrance examination.

IO. Mr. G.L. Sanghi, learned Senior Counsel for the respondents,
supported the judgment of the High Court by contending that there was no
necessity for any reservation whatever for the three categories of candidates
mentioned in sub rules (ii) to (iv) of Rule 4. He argued vehemently that the D
provisions in the Constitution have been violated by the State Government
by framing such rules and that too, under Executive Business. He submitted
that reservation could be made only in accordance with Article 15(4) of the
Constitution of India.
E
11. Counsel on both sides cited decisions of this Court in support of
their respective contentions. We heard learned counsel at length aitd also
permitted them to file written submissions. We have gone through the same.

12. We shall now discuss the law enshrined in the Constitution as
interpreted by the decisions of this Court on the subject. Article 15( I) prohibits F
discrimination against any citizen on grounds only of religion, race, caste, sex
or place of birth or any of them. Article 29(2) is to the effect that no citizen
shall be denied admission into any educational institution maintained by the
State or receiving aid out of State funds on grounds only of religion, race,
caste, language or any of them. Article 15(4) was introduced by the
Constitution First Amendment Act, 1951 which reads as follows:- G

"Nothing in this article or in clause (2) of article 29 shall prevent the
State from making any special provision for the advancement of any
socially and educationally backward classes of citizens or for the
Scheduled Castes and the Scheduled Tribes." H
374 SUPREME COURT REPORTS [1999] SUPP. 4 S.C.R.

A 13. Thus, Article 15(4) provides an exception to Article 15(1) and 29(2)
enabling the State to make a special provision for the advancement of socially
and educationally backward classes or for the Scheduled Castes and the
Scheduled Tribes. A Constitution Bench of this Court considered the scope
of Article 15(4) in MR. Balaji and Ors. v. State of Mysore, [1963] Supp. 1
SCR 439. After tracing the history of the said provision, the Bench categorically
B laid down that the backwardness under Article 15(4) must be social and
educational and it is not either social or educational but it is both social and
educational. While dealing with the extent of the special provision which it
could be competent to the State to make under Article 15(4), the Bench
observed that the provision is a special provision and not one exclusive in
C character so that in looking after the advancement of the classes mentioned
in the provision, the State would be justified in excluding altogether the
advancement of the rest of the society. The Bench pointed out that it is
because the interest of the society at large would be served by promoting
the advancement of the weaker sections in the society, that Article 15(4)
authorizes special provision to be made and that if a provision which is in
D the nature of an exception completely excludes the rest of the society that
is clearly outside the scope of the Article. Referring to the reservation of
seats in professional and technical colleges, the Bench said:-

"If an admission to professional and technical colleges is unduly
liberalised it would be idle to contend that the quality of our graduates
E will not suffer. That is not to say that reservation should not be
adopted: reservation should and must be adopted to advance the
prospects of the weaker sections of society, but in providing for
special measures in that behalf care should be taken not to exclude
admission to higher educational centres to deserving and qualified
F candidates of other communities. A special provision contemplated
by Article 15(4) like reservation of posts and appointments
contemplated by Article 16(4) must be within reasonable limits."

"In our opinion, when the State makes a special provision for the
advancement of the weaker sections of society specified in Article
G 15(4), it has to approach its task objectively and in a rational manner.
Undoubtedly, it has to take reasonable and even generous steps to
help the advancement of weaker elements the extent of the problem
must be weighed, the requirement of the community at large must be
t
borne in mind and a formula must be evolved which would strike a
H reasonable balance between the several relevant considerations."
DR. N. SHARMA v. DR. PANKAJ KR. LEHKAR [M. SRINIVASAN, J.) 375

.. 14. In Chitra Ghosh and Anr. v. Union of India and Ors., (1970] I SCR A
413, another Constitution Bench held that there could be reasonable
classification based on intelligible differentia for the purpose of Articles 15(1)
and 15(4) as well as Article 29(2). In that case, special provisions were made
for sons/daughters of residents of Union Territories specified therein, sons/
~
.....
daughters of Central Government servants posted in Indian Missions abroad,
etc. The Court held that there was no discrimination against the appellants
B
on grounds only of religion, race, caste, language, sex or place of birth and
the classification made by the Central Government was reasonable and based
on intelligible differentia. While referring to the class of sons/daughters of
,., residents of Union Territories mentioned therein, the Bench pointed out that
the areas in those territories were well-known to be comparatively batkward c
and with the exception of Himachal Pradesh they did not have any medical
college of their own. The ~ench observed that it was necessary that persons
desirous of receiving medical education from those areas should be provided
some facility for doing so.

15. In State of U.P. v. Pradip Tandon, [1975] I SCC 267, a Bench of three
D
Judges struck down a special provision for persons belonging to rural areas
while upholding the provision relating to hill areas and Uttrakhand. The
Bench held that provision for rural areas as such could not be sust!tined on
the ground that the rural areas represented socially and educationally backward
class citizens. The Bench said that rural element did not make it a class. E
16. In Jagdish Saran v. Union of India, [1980] 2 SCC 768, a medical
graduate from Madras University had to seek admission in post-graduate
degree course in Delhi University as his father was transferred to Delhi.
Though he qualified in the entrance examination, he was rejected because
of a rule reserving 70% of the seats at the post-graduate level to Delhi F
University graduates. He challenged the validity of the rule by filing a writ
petition. While dismissing the writ petition, the Court gave two directions
by one of which he was directed to be admitted to the degree course that
year if the register of attendances etc. did not stand in the way and the
Medical Council made an exception by agreeing to addition of one seat as G
a special case for that years~ While referring to post-graduate courses, Justice
...,y Krishna Iyer, speaking for himself and Justice 0. Chinnappa Reddy said thus:-

"23. Flowing from the same stream of equal ism is another limitation.
The basic medical needs of a region or the preferential push justified
for a handicapped group cannot- prevail in the same measure at the H
'·
)76 SUPREME COURT REPORTS (1999] SUPP. 4 S.C.R.

A highest scales of speciality where the best skill or talent, must be
handpicked by selecting according to capability. At the level of Ph.D.,
M.D., or levels of higher proficiency, where international measure of
talent is made, where losing one great scientist or technologist in-the-
,makings is a national loss, the considerations we have expanded upon
as important lose their potency. Here equality, measured by matching
B excellence, has more meaning and cannot be diluted much without
grave risk. The Indian Medical Council has rightly emphasised that
playing with merit for pampering local feeling will boomerang. Midgetry,
where summitry is the desideratum, is a dangerous art. We may here
extract the Indian Medical Council's recommendation, which may not
c be the last word in social wisdom but· is worthy of consideration:

Stude11ts for post-graduate training should be selected strictly
on merit judged on the basis of· academic record in the
undergraduate course. All selection for post-graduate studies
should be conducted by the universities." (pp. 778-779).
D
"Secondly, and more importantly, it is difficult to denounce or renounce
the merit criterion when the selection is for post-graduate or post-
doctoral courses in specialised subjects. There is no substitute for
sheer flair, for creative talent, for finetuned performance at the difficult
heights of some disciplines where the best alone is likely to blossom
E as the best. To sympathise mawkishly with the weaker sections by
selecting sub-standard candidates; is to punish society as a whole by
denying the prospect of excellence say in hospital service. Even the
poorest, when stricken by critical illness, needs the attention of super-
skilled specialists, not humdrum second-rates. So it is that relaxation
on merit, by overruling equality and quality altogether, is a social risk
F
where the stage is post-graduate or post-doctoral."(p.786).

17. In Suman Gupta v. State of J &K, [1983] 4 SCC 339, the question
pertained to the right of certain States to nominate candidates to seats
reserved in Medical Colleges of other states on reciprocal basis. The Bench
G held that the selection of candidates of such nomination shall not be within
the unlimited discretion and uncontrolled choice of the State Government.
The Court observed that it was desirable for the Medical Council of India to
formulate a proper constitutional basis for determining the selection of
...
candidates for nomination to seats in medical colleges outside the State.

H 18. The question of reservation of seats for residents of the State or
DR. N. SHARMA v. DR. PANKAJ KR. LEHKAR [M. SRINIVASAN,J.] 377
students of the same University came up for consideration in Pradeep Jain A
v. Union of India, [1984) 3 sec 654. After referring to the earlier case law
.
_,
including Jagdish Saran and (Pradip Tandon) (supra), the Bench said that
considerations for admission to the post-graduate courses such as M.D. and
the like for reservation based on residence requirements within the State or
institutional preference were different from those for admission to the MBBS B
course. The Bench emphatically said that excellence cannot be allowed to
be compromised by any other considerations because that would be
detrimental to the interest of the nation. In the case of admission to the post-
graduate courses the Bench quo~ed Justice Krishna Iyer in Jagdish Saran in
extenso and observed as follows:-
c
-( "We are therefore of the view that so far as admissions to post-
graduate courses, such as MS, MD and the like are concerned, it
would be eminently desirable not to provide for any reservation
based on residence requirement within the State or on institutional
preference. But, having regard to broader considerations of equality
of opportunity and institutional continuity in education which has D
its own importance and value, we would direct that though residence
requirement within the State shall not be a ground for reservation in
admissions to post-graduate courses, a certain percentage of seats
may in the present circumstances, be reserved on the basis of
institutional preference in the sense that a student who has passed E
MBBS course from a medical college or university may be given
preference for admission to the post-graduate course in the same
medical college or university but such reservation on the basis of
institutional preference should not in any event exceed 50 per cent
of the total number of open seats available for admission to the post-
graduate course. This outer limit which we are fixing will also be F
subject to revision on the lower side by the Indian Medical Council
in the same manner as directed by us in the case of admissions to the
MBBS course. But even in regard to admissions to the post-graduate
course, we would direct that so far as super specialities such as
neuro-surgery and cardiology are concerned, there should be no G
reservation at all even on the basis of institutional preference and
admissions should be granted purely on merit on all-India basis."
(pp.692-693).

19. In Dinesh Kumar. v., Motilal Nehru Medical College, [ 1985] 3 SCC
22, the Court emphasised the need for entrance examination in order to judge H
378 SUPREME COURT REPORTS [1999] SUPP. 4 S.C.R.

A the candidates by uniform standard. The Bench pointed out that the candidates
are not to be selected on the basis of the marks obtained by them at the
qualifying examination held by different" States and/or Universities, as the
standard of judging at these different qualifying examinations cannot by its
very nature be uniform. It was observed that some universities may be very
liberal in their marking while some others may be strict. There would be no
B comparable standards on the basis of which the relative merits of the students
can be judged. The Bench said that it would be wholly unjust to grant
admissions to students by assessing their relative merits with reference to the
marks obtained by them, not at the same qualifying examination where standard
of judging would be reasonably uniform but at different qualifying examinations
C held by different State Governments or universities where the Standard of
judging would necessarily vary and not be the same. The Bench pointed out
that it would be blatantly violative of the concept of equality enshrined in
Article 14 of the Constitution. The Bench had earlier directed the Indian
Medical Council to come forward with a positive scheme in regard to the
holding of entrance examinations and kept the writ petition pending without
D finally disposing of the same. The final directions were given by a Bench of
two Hon 'ble Judges who were parties to the 3 Judge Bench by order dated
July 21, 1986. That judgment is reported as Dr. Dinesh Kumar and Ors. v.
Moti/al Nehru Medical College and Ors., [1986] 3 SCC 727. In that judgment,
the Bench also explained some of the observations contained in Pradeep
E Jain, [1984] 3 sec 654, and ultimately approved the schemes of examination
for admission to MBBS/BDS course and post-graduate courses submitted by
the Goyernment of India subject to the modifications discussed and formulated
in the judgment. While doing so, the Bench rejected the suggestion made by
the Government of India that for admission to post-graduate courses a
weightage equivalent to 15% of the total marks obtained by a (student at) the
F All-India Entrance Examination should be given after he had put in a minimum
of three years of rural service. While recognising the desirability of giving
some incentives to the doctors to go to the rural areas, the Bench held that
such incentives should not go to the length of giving weightage of 15% of
the total marks obtained by a candidate. After setting out the reasons for
G rejecting the suggestion made by the Government, the Bench observed:-

"We are of the view that when selection of candidates is being ma.de
for admission on an all-India basis, no factor other than merit should
be allowed to tilt the balance in favour of a candidate. We must
remember that what we are regulating, are admissions to post-graduate
H courses and if we want to produce doctors who are 'MD or MS,
DR. N. SHARMAv. DR. PANKAJ KR. LEHKAR [M. SRINIVASAN,J.] 379
particularly surgeons who are going to operate upon human beings, A
it is of the utmost importance that the selection should be based on
merit. Moreover we are extremely doubtful if a candidate who had
rendered three years rural service for the purpose of getting a weightage
of 15 per cent would go back to the rural area after he has got MD
or MS degree. We are, therefore, of the view that no weightage should B
be given to a candidate for rural service rendered by him so far as
admissions to post-graduate courses are concerned. Even if an
undertaking is taken from such a candidate that after obtaining MD
or MS degree he will settle down in a rural area and serve the rural
masses, it would in all probability serve no useful purpose because
in the absence of the requisite facilities such as hospital, medical and C
surgical equipment, nursing etc. it would not be possible for him to
give the advantage of his higher medical education to the rural masses
and the higher medi<>al education received by him would not be of
service to the community." (p.741).

20. In Dr. Snehlata Patnaik and Ors. v. State of Orissa and Ors., [1992] D
2 SCC 26, a Bench of three Judges explained the observations in Dr. Dinesh
Kumar (supra) and proceeded to suggest that the concerned authorities might
well consider giving weightage upto a maximum of 5 per cent of marks in
favour of in-service candidates who had done rural service for five years or
more and said that the actual percentage would certainly have to be left to E
the authorities. The Bench hastened to clarify that the suggestion did not in
any way confer any legal right on in-service candidates who had done rural
service.

21. In Unni Krishnan v. State ofA.P., [1993] l SCC 645, the Constitution
Bench dealt at length with admissions to medical and engineering courses in F
private unaided/aided recognised/affiliated educational institutions and the
extent to which they were subject to conditions and regulations of the State.
The Bench held that aided institutions had to abide by all the regulations as
may be framed by the Government and in the matter of admission of students,
they have to follow the rule of merit and merit alone subject to any reservations G
made under Article 15 of the Constitution. It was also held that while granting
recognition/affiliation to private education institution running professional-
courses, the State was obliged to impose conditions for maintaining standards
and ensuring fairness inter a/ia in respect of fees chargeable on the admissions.
Following the judgment in that case, a Bench of two Judges held in State of
Gujarat and Ors. v. Meghji Pethraj Shah Charitable Trust and Ors., [1994] H
380 SUPREME COURT REPORTS [1999) SUPP. 4 S.C.R.

A 3 sec 552, that the discontinuation by the Government of the reservation of
seats for donor's nominees was valid and the earlier arrangement between the
Government and the donor was contrary to the decision in "Unni Krishnan",
[1993) I sec 645 and therefore it could be terminated without adhering to the
rule of audi alteram partem. A three Judges Bench rendered a similar judgment
B in Thapar Institute of Engineering and Technology v. State of Punjab and
Anr, [ 1997) 2 SCC 65, by striking down reservation of seats for wards of
employees of such institution or of company which founded such institution.

22. The importance of holding entrance examination for admission to
medical colleges was stressed in Shri Chander Chinar Bada Akhara Udasin
C Society & Ors. v. State ofJ&K and Ors., [1996) 5 SCC 732 and directions were
issued for holding an entrance examination after a fresh advertisement inviting
applications. It was also held that the admissions should be in accordance
with the judgment of this Court in Unni Krishanan's case [1993) l SCC 645.
A similar judgment was rendered in Dr. Sadhna Devi and Ors. v. State of U.
D P. and Ors., [1997) 3 sec 90, wherein the Court quashed a circular of the
Government directing that there shall be no minimum qualifying marks for
Scheduled Castes/Scheduled Tribes/Other Backward Class candidates in the
written examination for admission to post-graduate and diploma courses.
The Bench expressed a serious doubt as to whether any reservation could at
all be made for post-graduate courses. The Bench held that if the candidates
E belonging to those classes failed to secure even the minimum qualifying
marks, then the seats reserved for them should be made available to the
candidates belonging to general category. In another judgment rendered on
the same lines in Ravindra Kumar Rai v. State of Maharashtra, [ 1998] 3 SCC
183, a Bench of three Judges rejected the contentions of the State that
F conducting entrance examination would delay the admission process or that
it would be extremely difficult to conduct the examination. The Bench
pointed out that even before 1997, when the regulations made by the Medical
Council came into force some of the States were conducting entrance
examination jointly for engineering and medical students.

G 23. Recently, a Constitution Bench reiterated the need for entrance
examination and maintenance of high-standards for admissions to post-
graduate courses in Dr. Preeti Srivastava and Anr. v. The State of Madhya
Pradesh and Ors., JT (1999) 5 SC 498. While rejecting the contentions of the
State of Madhya Pradesh that there was no need to prescribe any minimum
H qualifying marks in the common entrance examination as already candidates
DR. N. SHARMAv. DR. PANKAJ KR. LEHKAR [M. SRINIVASAN,J.] 381
had passed the MBBS examination which was an essential pre-requisite to A
post-graduate medical courses, the Bench said thus:

"This argument ignores the reasons underlying the need for a common
entrance examination for post-graduate medical courses in a State.
There may be several universities in a State which conduct MBBS
Courses. The courses of ~tudy may not be uniform. The quality of B
teaching may not be uniform. The standard of assessment at the
MBBS examination also may not be uniform in the different
universities. With the result that in some of the better universities
which apply more strict tests for evaluating the performance of
students, a higher standard of performance is required for getting the C
passing marks in the MBBS examination. Similarly, a higher standard
of performance may be required for getting higher marks than in
other universities. Some universities may assess the students liberally
with the result that the candidates with lesser knowledge may be able
to secure passing marks in the MBBS examination; while it may also
be easier for candidates to secure marks at the higher level. A common D
entrance examination, therefore, provides a uniform criterion for
judging the merit of all candidates who come from different
universities. Obviously, as soon as one concedes that there can be
differing standards of teaching and evaluation in different universities,
one cannot rule out the possibility that the candidates who have E
passed the MBBS examination from a university which is liberal in
evaluating its students, would not, necessarily, have passed, had they
appeared in an examination where a more strict evaluation is made.
Similarly, candidates who have obtained very high marks in the
MBBS examination where evaluation is liberal, would have got
lesser marks had they appeared for the examination of a university F
where stricter standards were applied. Therefore, the purpose of such
a common entrance examination is not merely to grade candidates
for selection. The purpose is also to evaluate all candidates by a
common yardstick. One must, therefore, also take into account the
possibility that some- of the candidates who may have passed the G
MBBS examination from more "generous" universities, may not
qualify at the· entrance examination where a better and uniform
standard for judging all the candidates from different universities is
applied. In the interest of selecting suitable candidates for specialised
education, it is necessary that the common entrance examination is of
a certain standard and qualifying marks are prescribed for passing H
382 SUPREME COURT REPORTS [1999] SUPP. 4 S.C.R.

A that examination. This alone will balance the competing equities of
h~ving competent students for specialised education and the need to
provide for some room for the backward even ·at the stage of
Specialised post-graduate education which is one step below the
super specialities." (p. 516-517)

B The Bench however, left open the question whether reservation could
be made for the classes of persons mentioned in Article 15(4) of the Constitution
in the matter of admission to post-graduate courses.

24. The following principles emerge from the above rulings:
,'
C (a) A provision for reservation must be within reasonable limits.

(b) There can be a reasonable classification based on intelligible
differentia for the purpose of Articles 15(1 ), 15(4) and 29(2).

(c) There can be reservation for persons belonging to areas which
are socially and educationally backward.

(d) A rural area is not a class by itself and cannot be considered to
be socially and educationally backward merely because it is a
rural area.

(e) Admission to post-graduate courses should be strictly based on
E merit.
(f) The merits of the candidates seeking admission to higher
educational courses shall be judged by uniform standard and
for that purpose ho1ding an entrance examination is the best
method.
F (g) There shall be no dilution of standards in higher educational
courses and in particular, post-graduate courses.

25. In the light of the aforesaid principles, we shall now proceed to
consider the validity of the provisions contained in rules 4(ii) 4(iii) and 4(iv)
of the Rule. Rule 5(i) provides that the candidates referred to in the aforesaid
G sub-rules shall not be required to appear in the entrance examination. The
challenge in the writ petitions filed before the High Court was both with .
regard to the reservation and with reference to the exemption of those
candidates from appearing in the entrance examination. The High Court has
quashed both the provisions. In otir opinion, the two aspects of the matter
H have to be considered separately as different considerations arise. They are
DR.N.SHARMAv. DR.PANKAJKR.LEHKAR [M. SRINIVASAN,J.] 383
not inter-dependent. In fact, in the latest judgment of the Constitution Bench \
referred to above, namely, Dr. Preeti Srivastava (supra), the question of
reservation was left open while the Bench dealt with only the question of
prescription of qualifying marks in the common entrance examination. In the
circumstances, we propose to consider the two questions one relating to
exempt from appearance in entrance examination and the other relating to ·B
reservation separately with regard to each of categories mentioned in the
three sub-rules.

26. Reservation is provided in Rule 4. Sub-rule (i) pertains to All India
quota seats. That is not in dispute in the present case. Sub-rule (ii) provides
for NEC, quota seats. Under that sub-rule, 2 seats in Degree and 2 seats in C
Diploma courses shall be reserved for the candidates recommended by the
NEC. The provision as it reads, does not contain any guidelines on the basis
of which recommendation could be made by NEC. Obviously, the matter is
left entirely to the discretion of the NEC. On the face of it, the provision
appears to be arbitrary and unconstitutional. The contention of the State
Government is that the NEC is a statutory body created under the North D
Eastern Council Act, 1971 to oversee the coordinated development of 7 States
in the North Eastern region of the country. The Council consists of the
Governors and Chief Ministers of 7 States in the North Eastern region,
namely, Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland
and Tripura. The Council is an advisory body which discusses and makes E
recommendations with regard to matters of common interest in the field of
economic and social planning of the said States. The Council has taken up
various developmental schemes for improving 3 medical colleges in the State
of Assam at Dibrugarh, Gauhati and Silchar. Apart from the 3 colleges, there
is only one medical college in Manipur and other States in the North Eastern
region do not have any medical college. The quota is meant for 5 States, F
.namely, State of Arunachal Pradesh, Meghalaya, Mizoram, Nagaland and
Tripura which do not have any medical college. As such, students of these
States are handicapped in getting medical education. The contention of the
State Government is that the students of the said States form a class by
themselves and it is a valid classification.
G
27. In the writ petition before the High Court, the petitioners had
challenged reservation under the sub-rule expressly alleging that it is a device
just to keep seats in the hands of the Executive to be allotted arbitrarily and
whimsically. In the counter-affidavit filed by the State Government in the wriL
petition, no attempt was made to place relevant particulars before the Court H
384 SUPREME COURT REPORTS [1999] SUPP. 4 S.C.R.

A in justification of the said reservation. Excepting a vague statement in
paragraph 18 of the counter-affidavit that the State of Assam has the
responsibility to provide assistance to the neighbouring States in the
development of their medical manpower, there is nothing in the counter
affidavit which could enable the Court to uphold the reservation. Having been
B utterly negligent before the High Court, the State Government has made an
attempt in this Court by setting out certain partkulars in the grounds of
appeal. In ground (C) in the Special Leave petition, it is stated that 5 of the
7 States in the North Eastern region do not have medical colleges and only
Assam has got 3 medical colleges apart from 1 in Manipur and, therefore, the
provision for reservation is justified. It is unfortunate that the State Government
C has not chosen to help the Court by placing the relevant particulars in
support of the reservation. It is, however clear from the available materials
that the present case is similar to the one dealt with in Chitra Ghosh &
Another v. Union of India & Ors., [1970] l SCR 413, wherein the Constitution
Bench pointed out that provision for sons/daughters of Union Territories of
Himachal Pradesh, Tripura, Manipur, Naga Hills, N.E.F.A. and Andaman was
D a valid classsification in view of the fact that the Union Territories referred
to above were backward areas with the exception of Himachal Pradesh as they
do not have medical college of their own. A perusal of the North Eastern
Council Act, 1971 shows that the functions of the Council include making of
recommendations with regard to any matter of common interest in the field
E of economic and social planning. There is absolutely no doubt that the
candidates belonging to the 5 States of North Eastern region where there is
no medical college form a separate class and a reasonable provision for them
reserving a few seats in the medical courses is not violative of any of the
provisions of the Constitution. Hence we uphold the reservation of 4 seats
under N.E.C. quota.
F
28. Sub-rule (iii) of Rule 4 provides for 6 seats to be reserved for those
teachers who are appointed on regular basis on the recommendation of the
Commission in any of the medical colleges of Assam who had at least 3 years'
teaching experience after regular appointment in the subject/discipline for
G which the seat is available provided that the requirement of teaching experience
is relaxed by a maximum of one year in case of pre and para clinical subjects
by the Government. In the writ petition, this sub-rule was challenged in
paragraph 32-A on the ground that there are no guidelines in regard to the
reservation. It is also alleged that in the 1994 Rules, 6 seats reserved for
teachers quota were shown separately but in the 'Rules' the seats reserved
H for teachers quota are included in general seats whereby some genuine and
DR. N. SHARMA v. DR. PANKAJ KR. LEHKAR [M. SRINIVASAN, J.] 385
eligible candidates of general stream will be deprived of getting seats. In the A
counter affidavit filed by the State. Government, it was stated that the demand
in respect of upgrading the skills of the teachers of the medical colleges
varied in the matter of medical discipline concerned from year to year and that
it was difficult to reserve seats in particular discipline and, therefore, the
teachers quota was included in the general category and at the time of
selection, the State Government could finalise the subjects in which it was B
necessary to provide seats for the teachers of the medical colleges. Here
again, the contents of the counti;.r-affidavit were not sufficient to justify the
reservation. In the grounds of appeal in this Court, it is stated in ground (E)
that as per the norms prescribed by Medical Council of India, Post-graduate
qualification is mandatory for appointment of candidate to the rank of Assistant C
Professor and above and in some departments like Cardiology, Nephrology,
Neuro Surgery etc., training in super-speciality is required along with M.D.
or M.S. degree for the post of Assistant Professor or above. It is stated that
the recruitment of the teaching faculty is done in the rank of Demonstrator
and Registrar etc. for which only MBBS degree is necessary, acquiring of P.G.
degree is a must for the teaching faculty in the interest of the institute and D
the students. It is further stated that there is dearth of qualified doctors for
promotion to the rank of Assistant Professors and above in the para-clinical
and non-clinical subjects like Anatomy, Pharmacology, SPM & F&SM, Micro-
Biology etc., for which several posts could not be filled up in the medical
colleges of Assam. As a result, the academic interest of the institutions was E
badly hampered. Thus the reservation is justified on the ground of institutional
requirements. There cannot be any doubt that the teachers form a class by
themselves and the classification is based on intelligible differentia having
rational nexus to the object of the Rule. Hence we uphold the reservation of
6 seats under the Teachers quota.
F
29. Under sub-rule (iv), reservation of 20 seats is made for doctors
appointed in the State Health Services on a regular basis on the
recommendation of the Commission and who have worked at least 5 years on
regular basis in any health centre/institution which is not situated in the
municipal area. The High Court has rightly pointed out that the Rule is G
worded in negative terms and not in positive terms. In the 1994 Rules, the
relevant provision was in the following terms:-

"The seat may be reserved in the discipline specified below against
each for those doctors who have completed 5 (five) years or more in
rural/hills/char areas as follows". B .
386 SUPREME COURT REPORTS (1999] SUPP. 4 S.C.R.

A 10 disciplines were mentioned in the sub-rule. Thus, the earlier rule was
in positive terms that the concerned doctor should have served in rural/hills/
char areas. That was different from the present rule which provides for
reservation for doctors who have worked in any health centre/institution
which is not situated in a municipal area. No justification has been made
B by the State Government for changing the wording of the Rule or increasing
the quota from 10 to 20. As rightly pointed out by the High Court, any place
just outside a municipal town is one which is not situated in a municipal
area and which will fall within the scope of sub-rule. The doctor working in
an institution situated in a place immediately adjacent to but outside a municipal
town will get the benefit of the rule while in practice, he will also get all the
C benefits available in the urban areas situated within the municipal limits. The
rule does not require the doctor to serve in a remote rural area for getting the
benefit of the rule. Even if the rule had provided for service in a rural area,
it has been held, that the classification is not a valid one. We have already
referred to the judgment of this Court in State of U.P. v. Pradip Tandon, [1975]
1 SCC 267 where it was held that rural element did not make it a class and
D provision for rural areas could not be sustained on the ground that the rural
areas represented socially and educationally backward class of citizens. The
reasons given by this Court in Dinesh Kumar, [ 1986] 3 SCC 727 in the passage
quoted by us in para 19 supra are also applicable here. In the circumstances,
we are in agreement with the view taken by the High Court and we uphold
E the quashing of sub-rule (iv) of Rule 4.

30. We shall now advert to rule 5(i) which exempts the candidates
referred to in sub-rules (i), (ii), (iii) and (iv) of Rule 4 from appearing in the
entrance examination. We are not concerned with sub-rule (i) of Rule 4 as
stated already. With reference to the candidates referred to in sub-rule (ii) of
F Rule 4, there is no justification for exempting them from appearing in the
entrance examination. As has been repeatedly held by this Court, the selection
of candidates for Post-graduate courses should be based only on merit and
it cannot be left to the arbitrary discretion of any administrative body. Though
we have upheld reservation of 4 seats under NEC quota, we are of the opinion
that such reservation can be provided only on the basis of merit which can
G be assessed by the performance of the candidates in the entrance examination.
The NEC cannot choose any candidate according to its whims and fancies.
The'NEC has to recommend candidates only in accordance with the rank
secured in the entrance examination. ·-
H Hence, the provision in Rule 5(i) exempting the candidates referred to

"
DR. N. SHARMAv. DR. PANKAJ KR. LEHKAR [M. SRINIVASAN,J.] 387
in sub-rule (ii) of Rule4 from appearing in the entrance examination has been A
rightly struck down by the High Court and we uphold the same.

31. As regards the teachers, there is no need for them to participate in
the entrance examination as they have been constantly in touch with the
subject/discipline for which reservation is made. The concept of entrance
examination was evolved for the purpose of prescribing uniform standard for B
judging all the candidates. It has also been repeatedly emphasised by this
Court that merit should be the criterion for admission to Post-graduate courses.
Both the tests will be satisfied in the case of teachers who have been working
in the medical colleges of Assam for the required number of years. Hence,
there is no necessity for them to appear in the entrance examination. The C
rule in so far as it exempts the teachers from appearing in the entrance
examination is valid. We differ from the view taken by the High Court and
propose to allow the appeal in that regard.

32. In so far as the candidates referred to in sub-rule (iv) of Rule 4 are
concerned, we have expressed our opinion that reservation for them is not D
valid. Consequently, the question of exempting them from appearing in the
entrance examination does not arise. However, we wish to make it clear that
even if for any reason, the reservation of seats under sub-rule (iv) of the State
Health Service quota is upheld, the exemption of the candidates referred to
in that sub-rule from appearing in the entrance examination is not valid. There E
is no earthly reason for exempting them· from appearing in the entrance
examination. In order to maintain the high standards required for admission
to Post-graduate courses, those candidates should also be made to appear
in the entrance examination and admission must be made only on the basis
of merit.

33. What remains to be considered in Rule 8(vii) of the Rules. The High F
Court has struck down the entire rule overlooking that the challenge is only
to the proviso to the Rule and not the main part of the Rule. The reasons
which we have given already for upholding the reservation of seats for
candidates referred to in sub-rule (ii) of Rule 4, will hold good for upholding
the proviso to sub-rule (vii) of Rule 8. The proviso is only discretionary and G
not mandatory. Further it only provides for first priority being given to NEC.

-·· In the circumstances, we differ from the High Court and uphold the sub-rule.

34. In the view we liave expressed above, it is unnecessary for us to
consider the contention raised by the contesting respondents that th\:
reservation under sub-rules (ii) to (iv) taken along with the reservation under H
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388 SUPREME COURT REPORTS [1999] SUPP. 4 S.C.R.

A sub-rule (v) ofRule 4 exceed 50% of the total number of seats after excluding
the 25% under All India quota. Here again, the State Government has not
come forward with a clear answer to the contention raised by the contesting
respondents but we are not dealing with that question as it is unnecessary
for the purpose of this case.

B 35. In fine, the following are the conclusions arrived at by us:-

(!) Sub-rules (ii) and (iii) of Rule 4 of the Rules are valid and
constitutional.

(2) Sub-rule (iv) is unconstitutional and void.

c (3) Rule 5(i) is unconstitutional and not valid in so far as it exempts
~-

the candidates referred to in sub-rules (ii) and (iv) of Rule 4 from
appearing in the entrance examination.

(4) Rule 8( vii) and the proviso are valid.

D 36. The appeals are allowed to the extent indicated and the judgment
of the High Court is accordingly set aside to that extent. The writ petitions
filed in the High Court are allowed to the extent indicated. The parties will bear
their respective costs.

A.K.T. Appeals partly allowed.
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