DR. SAURABH CHOUDHARY AND ORS. versus UNION OF INDIA AND ORS.

DR. SAURABH CHOUDHARY AND ORS. versus UNION OF INDIA AND ORS.

The judgment increasing the All-India quota for PG medical seats to 50% shall apply prospectively; for the ongoing admission process (academic year 2004), the quota remains at 25%, on account of the process having already commenced prior to the judgment.

Source-derived case information.

Parties
Petitioner: Dr. Saurabh Choudhary and Ors.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
17 May 2004
Procedural Posture
Writ Petition (civil) No. 29 of 2003; I.a. Nos. 6 7, 8, 9 14 / Post Judgment Applications for Clarification and Directions
Outcome
Applications by Union of India and similarly placed students allowed; applications by students seeking immediate increase to 50% quota dismissed; dissent entered by Sinha, J.
Legal Topics
Medical Admissions, Reservation Policy, Prospective Overruling, All India Quota, Judicial Review
Constitutional Law Education Law Medical Admissions Reservation Policy Prospective Overruling All India Quota Judicial Review

Source-derived case record

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Parties

Dr. Saurabh Choudhary and Ors.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 29 of 2003; I.a. Nos. 6 7, 8, 9 14 / Post Judgment Applications for Clarification and Directions

Legal Issues

  1. 1 Whether the judgment in Saurabh Chaudri's case regarding the All-India quota for medical PG seats should be applied prospectively or retrospectively
  2. 2 Constitutional permissibility of reservation based on residence or institutional preference in PG medical admissions

Ratio Decidendi

The judgment increasing the All-India quota for PG medical seats to 50% shall apply prospectively; for the ongoing admission process (academic year 2004), the quota remains at 25%, on account of the process having already commenced prior to the judgment.

Court Disposition

Applications by Union of India and similarly placed students allowed; applications by students seeking immediate increase to 50% quota dismissed; dissent entered by Sinha, J.

Orders

  • Allotment of PG medical seats under All-India quota for academic year 2004 shall remain confined to 25%.
  • Interim stay on counselling vacated; process may resume.