DR. SANDEEP S/O SADASHIVRAO KANSURKAR AND OTHERS versus UNION OF INDIA AND OTHERS

DR. SANDEEP S/O SADASHIVRAO KANSURKAR AND OTHERS versus UNION OF INDIA AND OTHERS

The undivided State of Andhra Pradesh enjoys a special privilege under Article 371-D and the Presidential Order; the reservation scheme laid down by State law and practice for super-specialty admissions in Andhra Pradesh and Telangana is valid. Larger Bench judgments on merit and reservation do not apply to the...

Source-derived case information.

Parties
Petitioner: Dr. Sandeep S/o Sadashivrao Kansurkar and Others; Respondent: Union of India and Others
Jurisdiction
India
Judgment Date
27 October 2015
Procedural Posture
Writ Petition (civil) / Final Judgment on Writ Petition (excluding State of Tamil Nadu)
Outcome
Petition pertaining to Andhra Pradesh and Telangana dismissed.
Legal Topics
Reservation, Domicile, Super Specialty Medical Admissions, Equality Under Article 14, Special Provisions Under Article 371 D
Constitutional Law Education Law Reservation Domicile Super Specialty Medical Admissions Equality Under Article 14 Special Provisions Under Article 371 D

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Parties

Dr. Sandeep S/o Sadashivrao Kansurkar and Others

Petitioner

Union of India and Others

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment on Writ Petition (excluding State of Tamil Nadu)

Legal Issues

  1. 1 Whether reservation based on residence or institutional preference for super-specialty medical courses by Andhra Pradesh and Telangana violates equality clauses under the Constitution.
  2. 2 Whether Article 371-D and the Presidential Order justify such reservations.
  3. 3 Whether merit should exclusively determine admission at super-specialty level.

Ratio Decidendi

The undivided State of Andhra Pradesh enjoys a special privilege under Article 371-D and the Presidential Order; the reservation scheme laid down by State law and practice for super-specialty admissions in Andhra Pradesh and Telangana is valid. Larger Bench judgments on merit and reservation do not apply to the constitutional privilege granted to these States. Thus, the petitioners' challenge to domicile-based reservation fails in respect of Andhra Pradesh and Telangana.

Court Disposition

Petition pertaining to Andhra Pradesh and Telangana dismissed.

Orders

  • Writ petition dismissed as far as it pertains to Andhra Pradesh and Telangana.
  • Matter regarding State of Tamil Nadu to be listed separately for hearing.