AIR 2001 SUPREME COURT 3262 ::2001 AIR SCW 3143 ::2001 (93) DLT 97 ::2002 (1) SCC 428 ::(2001) 5 Scale 430 ::2001 (4) All WC 2886 ::2001 (4) SCT 150 ::2001 (4) SCJ 590 ::2001 (4) ServLR 134 ::(2001) 6 Supreme 367 ::2001 (8) SRJ 388 ::(2001) 7 JT 12 (SC) ::2001 (7) JT 12

Supreme Court Of India

(From : AIR 1996 Delhi 291)

Hon'ble Judge(s): A. S. Anand, R. C. Lahoti, Shivaraj V. Patil , JJJ

(A) Constitution of India , Art.226, Art.14— Education - Admission - Postgraduate course in AIIMS - Institutional reservation of 33% coupled with 50% reservation discipline-wise and percentile system - Ensures admission to all students graduating from AIIMS - Amounts to super-reservation - Certainly not a source of entry - Violates Art. 14 - Reservation and sources of entry - Distinguished. All India institute of Medical Sciences Act (25 of 1956), S. 23. The system followed in All India Institute of Medical Sciences AIIMS for admission to post-graduate medical course is one where institutional candidates and outsiders coupled with two level reservation and unique percentile method has been so carved out, as if tailor made, as is resulting into a reservation which ensures allotment to the extent of 100% of PG seats followed by guaranteed placement in the choicest of creamy disciplines to the candidates belonging to the one category (namely Institute's in house candidates) without regard to their competitive merit. This is not a reservation but a super reservation and certainly not a source of entry.(Para 29) The plea that reservation of 33% post- graduation seats in favour of AIIMS students is not a reservation and in fact it provides two sources of entry to P. G. courses of study in AIIMS which are: (i) in-house candidates of A....