KHALID HUSSAIN (MINOR), REPRESENTED BY FATHER DR. AKTHAR HUSSAIN versus COMMISSIONER & SECRETARY TO GOVERNMENT OF TAMIL NADU, HEALTH DEPARTMENT, MADRAS & ORS.

KHALID HUSSAIN (MINOR), REPRESENTED BY FATHER DR. AKTHAR HUSSAIN versus COMMISSIONER & SECRETARY TO GOVERNMENT OF TAMIL NADU, HEALTH DEPARTMENT, MADRAS & ORS.

Where candidates in a reservation category ('eminent sportsmen') are otherwise equal and no guideline exists for comparing sports eminence, selection must depend on academic merit to avoid arbitrariness. Courts need not interfere unless the justice of the case demands.

Parties
Petitioner: Khalid Hussain (Minor), represented by father Dr. Akthar Hussain; Respondents: Commissioner & Secretary to Government of Tamil Nadu, Health Department, Madras & Ors.
Jurisdiction
India
Judgment Date
19 August 1987
Procedural Posture
Special Leave Petition (civil) Nos. 5535 36 of 1987 / Supreme Court Decision on Special Leave Petition
Outcome
Petitions dismissed
Legal Topics
Reservation in Educational Institutions, Admission Criteria, Judicial Review Under Articles 226 and 136
Constitutional Law Education Law Reservation in Educational Institutions Admission Criteria Judicial Review Under Articles 226 and 136

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Parties

Khalid Hussain (Minor), represented by father Dr. Akthar Hussain

Petitioner

Commissioner & Secretary to Government of Tamil Nadu, Health Department, Madras & Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) Nos. 5535 36 of 1987 / Supreme Court Decision on Special Leave Petition

Legal Issues

  1. 1 Whether selection for 'eminent sportsmen' category for MBBS admission should be based on pre-eminence in sports or academic excellence
  2. 2 Whether court should interfere with selection committee's decision where vacancy was filled from the waiting list according to merit

Ratio Decidendi

Where candidates in a reservation category ('eminent sportsmen') are otherwise equal and no guideline exists for comparing sports eminence, selection must depend on academic merit to avoid arbitrariness. Courts need not interfere unless the justice of the case demands.

Court Disposition

Petitions dismissed