Court calls for no reservation in super speciality courses

Supreme Court: In the case where it was urged that there cannot be reservation of any kind in respect of post-graduate or super speciality courses, the Court echoed the observation made in Dr. Pradeep Jain v. Union of India, (1984) 3 SCC 654, so that authorities can objectively assess and approach the situation so that the national interest can become paramount and said that for improving the standard of higher education in India, there should no reservation in super speciality courses.

In the present case, where it was argued that the State of Andhra Pradesh and Telangana and Tamil Nadu cannot apply the domicile test only to admit its own students and that too also in respect of 15% quota meant for non-local candidates, the bench of Dipak Misra and P.C. Pant, JJ, noted that the undivided State of Andhra Pradesh enjoys a special privilege granted to it under Article 371-D of the Constitution and the Presidential Order i.e. the Andhra Pradesh Educational Institutions (Regulations and Admissions) order 1974. The attention of the Court was drawn to the view expressed in C. Surekha v. Union of India, (1988) 4 SCC 526, where the Court had suggested the amendment of the Presidential Order regard being had to the passage of time and the advancement in the State of Andhra Pradesh. Taking note of the fact that there was no change in the situation even after lapse of 27 years, the Court said that the fond hope has remained in the sphere of hope though there has been a progressive change.

Having said that, the Court dismissed the petition as far as the States of Andhra Pradesh and Telangana were concerned. However, it listed the matter related to State of Tamil Nadu for hearing on 04.11.2015. [Dr. Sandeep v. Union of India, 2015 SCC OnLine SC 1042 decided on 27.10.2015]

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