Tamil Nadu Medical Officers Association and Ors. vs Union of India and Ors.

Court

Supreme Court of India

Date

24 April 2018

Case No.

I. A. No. 33686 of 2018

Result

Disposed

Bench

Dipak Misra, A.K. Sikri, D.Y. Chandrachud, A.M. Khanwilkar, Ashok Bhushan

Citation

[2018] 3 S.C.R. 551 : 2018 INSC 332

Headnote

Post Graduate Medical Education Regulations, 2000: Regulation 9 – Writ petition challenging the Regulation – Provisions of the Regulation was considered in Dinesh Singh Chauhan case by three Judge Bench – Matter referred to Constitution Bench for reconsideration of *Dinesh Singh Chauhan case – Stay of operation of the Regulation sought to the extent the provision is deemed to prohibit the States from providing a separate source of entry to in-service candidates seeking admission to post-graduate courses – Direction sought permitting the State Government to implement its policy of providing for a separate source of entry to in-service candidates for admission to post-graduate courses for academic year 2018-19 – Interim relief also referred to Constitution Bench – Considering the interim relief, the Court held: Dinesh Singh Chauhan case had construed the provision in Regulation 9(iv) after taking due note of the decisions of Constitution Bench – The decision in Dinesh Singh Chauhan case still holds the field and cannot be brushed aside at the stage of deciding interim relief – Grant of interim relief at this stage would amount to a mandatory final order and hence refused – Interlocutory order.

*State of Uttar Pradesh v Dinesh Singh Chauhan (2016)

9 SCC 749 : [2016] 6 SCR 571; R Chitralekha v. State of Mysore [1964] 6 SCR 368; Kumari Chitra Ghosh v. Union of India (1969) 2 SCC 228 : [1970] 1 SCR 413; Modern Dental College and Research Centre v State of Madhya Pradesh (2016) 7 SCC 353; K Duraisamy v. State of Tamil Nadu (2001) 2 SCC 538 : [2001] 1 SCR 490; AIIMSStudents’ Union v. AIIMS (2002) 1 SCC 428 : [2001] 2 Suppl. SCR 79; State of M P v. Gopal D Tirthani (2003) 7 SCC 83 : [ 2003] 1 Suppl. SCR 797; Sudhir N v. State of Kerala (2015) 6 SCC

685 : [2015] 1 SCR 884; Dr Preeti Srivastava v. State of M P (1999) 7 SCC 120 : [1999] 1 Suppl. SCR 249 – referred to.

The Order of the Court was delivered by DR. D. Y. CHANDRACHUD, J. 1. The judgment rendered by a three judge Bench in State of Uttar Pradesh v Dinesh Singh Chauhan1, construed the provisions of Regulations 9(IV) and 9(VII) of the Medical Council of India Post-Graduate Medical Education Regulations 2000, as amended on 15 February 2012. In the present batch of cases, a Bench of three Judges opined, by an order dated 13 April 2018, that these petitions require consideration by a larger Bench. 2. In making this reference, the referring order primarily indicated the following reasons : (i) The de

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