Post Graduate Medical Education Regulations, 2000: Regulation 9 (IV) and (VII) [after amendment dated 5-4-2018 – Regulation 9(4) and (8)] – Power of State to provide for reservation in favour of in-service candidates in respect of 50% of the seats granted to States for admissions to Post-Graduate Medical Courses – Further stating that the decision passed in *Dinesh Singh Chauhan case (wherein s. 9 was the subject matter) was passed without taking into consideration judgment passed by Constituional Benches on the aspect of legislative competence under List I, Entry 66 and List III, Entry 25 of VII Schedule of the Constitution – Held: The plea regarding legislative competence was neither raised nor was considered in Dinesh Singh Chauhan case – Constitution Bench judgments were also not taken into consideration – Therefore, the petitions require consideration by a larger Bench – Petitions to be referred to larger Bench – Constitution of India – Art. 32; Schedule VII List I, Entry 66; List III, Entry 25 – Education/Educational Institutions.
*State of Uttar Pradesh and Others v. Dinesh Singh Chauhan (2016) 9 SCC 749 : [2016] 6 SCR 571;
R. Chitralekha and Another v. State of Mysore and Others [1964] 6 SCR 368; Kumari Chitra Ghosh and Another v. Union of India and Others (1969) 2 SCC
228 : [1970] 1 SCR 413; Gujarat University and Another v. Krishna Ranganath Mudholkar and Others [1963] Suppl. 1 SCR 112 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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