(L. Nageswara Rao and Mohan M. Shantanagoudar, JJ.)
Yatinkumar Jasubhai Patel and Others _______________ Petitioner(s);
v.
State of Gujarat and Others _______________________ Respondent(s).
Petition(s) for Special Leave to Appeal (C) No(s). 7003/2017, decided on September 12, 2018
(With appln.(s) for permission to file annexures) With W.P.(C) No. 218/2017 (X) W.P.(C) No. 122/2018 (X) (Only I.A. No. 39250/2018 For Clarification/Direction to be Listed)
The Order of the court was delivered by
Order
1. The institutional preference for post-graduate medical admissions is the core issue involved in these petitions.
2. In Saurabh Chaudri v. Union of India1, a five-Judge Constitution Bench has upheld the institutional preference in post-graduate medical courses.
3. Mr. Siddharth Luthra, learned Senior Counsel appearing for the petitioner, submits that regulation 9 of the Post-Graduate Medical Education Admission Regulation, 2000 and the introduction of National Eligibility-cum-Entrance Test (NEET) brings about the change to the effect that all admissions in post-graduate medical courses should be only on the basis of merit in the NEET.
4. We are informed that a three-Judge Bench2 of this Court made the interim arrangement for the year 2017-18 for admissions to post-graduate medical courses in a similar fact situation.
5. The learned counsel appearing for the respondents viz., University of Delhi, Guru Gobind Singh Indraprastha University and University of Gujarat, submit that the matter can be decided by us especially in view of the paragraph 72 of the judgment in Saurabh Chaudri1 where there is a difference to the introduction of NEET.
6. However, in view of the importance of the issue involved in these petitions, we are of the considered opinion that these matters have to be heard by a larger Bench.
7. The Office is directed to place the papers before Hon’ble the Chief Justice for suitable orders for reference to a larger Bench.
8. Liberty is granted to the parties to mention the matter before Hon’ble the Chief Justice for early hearing.
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1 (2003) 11 SCC 146 : 2 SCEC 452
2 State of U.P. v. Dinesh Singh Chauhan, (2016) 9 SCC 749 : 8 SCEC 219
