Ruling that states were not bound to grant reservation in postgraduate medical courses, the Supreme Court today upheld Haryana Government's decision not to have quota for SC, ST and Backward Classes at that level.
Haryana's decision "not to make any provision for reservation at the post-graduate level suffers no infirmity," a three-member Bench headed by Chief Justice KG Balakrishnan ruled in a 23-paged judgment.
Pointing out that Article 15(4) of the Constitution was only an enabling provision, the Bench, which included Justices P Sathasivam and JM Panchal, said the state government "is the best judge to grant reservation for SC/ST/Backward Class categories."
"In our view, every state can take its own decision with regard to reservation depending on various factors.
“Since the Government of Haryana has decided to grant reservation for SC/ST categories/Backward Class candidates in admission at the MBBS level, that is the undergraduate level, it does not mean that it’s bound to grant reservation at the postgraduate level also."
The court, however, made it clear that irrespective of the conclusion in the verdict, written for the Bench by Justice Sathasivam, Haryana "is free to reconsider its earlier decision, if it so desires, and if circumstances warrant in the future years."
The court delivered the verdict while dismissing an appeal, challenging the February 5, 2008, judgment of the Punjab and Haryana High Court, and a writ petition.
The writ had sought quashing of the prospectus for the MD/MS/PG Diploma and MDS courses issued by Maharshi Dayanand University (MDU), Rohtak, for the academic session 2007-08 as it did not provide for reservation of seats.
The court also did not agree with the contention that since the Center was providing reservation for such candidates in the All-India Entrance Examination for PG courses, Haryana was bound to follow suit.
"It is true that the Government of India itself has made a provision for reservation of SC/ST categories. This is a decision by the Government of India and it is applicable in respect of the All-India Entrance Examination for MD/MS/PG Diploma and MDS courses, and reservation for SC/ST candidates.
“However, the same cannot automatically be applied to other selections where state governments have the power to regulate," the apex court ruled.
The Haryana Government had, through a notification on November 12, 2007, asked MDU, Rohtak, to conduct the entrance examination for admission in the MD/MS/PG Diploma and MDS courses to government medical and dental colleges in the state for the 2008-09 session and declare the results.
By the same notification, the government also asked Pt BD Sharma PGIMS, Rohtak, to conduct counseling and finalize admission for the courses.
The court took note of the fact that the state government was constantly reviewing its reservation policy.
