Legislative Competence of State in providing Reservation to In-Service Candidates in PG Medical Education referred to Larger Bench of SC

The Regulation 9(IV) and (VII), after amendment dated 05.04.2018 – Regulation 9(4) and (8) of the Post Graduate Medical Education Regulations, 2000, as framed by the Medical Council of India has been challenged before the Supreme Court of India. The Bench consists of JUSTICE KURIAN JOSEPH,  JUSTICE MOHAN M. SHANTANAGOUDAR and JUSTICE NAVIN SINHA have referred the matter to the Larger bench since the decision in State of Uttar Pradesh and Others v. Dinesh Singh Chauhan, reported in (2016) 9 SCC 749 had not dealt with the matters relating to the legislative competence of Union State as specified in List I, Entry 66 and List III, Entry 25 of the Seventh Schedule.  The Supreme Courts concluded that “we are of the view that Dinesh Singh Chauhan (supra), has not considered the legislative Entries in respect of the contentions we have noted above. Apparently, it appears no such contentions were raised before the Court. Same is the situation with regard to the non-reference with respect to the three Constitution Bench decisions we have referred to above. As far as Modern Dental (supra) is concerned, perhaps the judgment had not been published by the time the judgment in Dinesh Singh Chauhan (supra) was rendered”

Read the Judgment click here [download id=”3439″]