AIROnline 2005 SC 578 ::2005 (13) SCC 61

Supreme Court Of India

Hon'ble Judge(s): Y. K. Sabharwal, P. P. Naolekar , JJ

Constitution of India , Art.226— Admission in Medical Colleges - Reservation/Quota of seats - Admission to Post Graduate Courses - All India quota increased from the then prevailing 25% to 50% in Saurabh Chaudri ((2003) 11 SCC 146) which was directed to be operational from 2005-2006 - DGHS directed by Supreme Court on 21-2-2005 to seek information from Chief Secretaries of States/UTs as to the total number of seats in Post Graduate Courses on basis of 50% of total seats without any exclusion - DGHS issuing letter D/- 7-12-2004 seeking such information after excluding seats reserved for SCs/STs - Reduction of seats below 25% instead of it being increased to 50% - Held, when All-India quota of seats was 25% till 2004-2005, the number of Post Graduate seats was worked out on the basis of total seats without any exclusion, which basis DGHS was not permitted to change - Hence, total number of Post-graduates seats on All-India basis would be 50% of the total number of seats without any exclusion. (Para 3)