Faculty Association of AIIMS
v
Union
of India[1]
[1]
2013 Indlaw SC 449, JT 2013 (10) SC 526, 2013 (5) MLJ 833,
2013(9) SCALE 198, 2013 (5) SLR 508
A Constitution bench of five judges comprising Hon'ble
Chief Justice Altamas Kabir, Surinder Singh Nijjar, M. Y. Eqbal, Vikramajit
Sen, Ranjan Gogoi, JJ unanimously decided this case on 18 July 2013.
14. Appearing for the Institute, Mr.
Mehmood Pracha, learned Advocate contended that people from Backward classes
and the Scheduled Castes and the Scheduled Tribes were often discriminated
against and even in spite of having excellent qualities, they were not provided
with sufficient opportunities to come up to the standards, as contemplated by
the various medical colleges and, in particular, the All India Institute of
Medical Sciences, which is an institution of national importance. Mr. Pracha
urged that although reservation at all different levels of the Institute had
been introduced, for quite some time, there is no available data to indicate
that there has been any deterioration in the quality of medical services being
provided in AIIMS. On the other hand, AIIMS was one of the most sought after
medical institute, not only for promotion and research work, but also for the
purpose of medical education. Taking a leaf out of Hindu mythology, Mr. Pracha
drew an analogy from the story of Eklavya and Arjun in the Mahabharta. While
Arjun belonged to the princely class, Eklavya was a tribal boy, who without
actual training or guidance from any teacher, by his own efforts, excelled in
the art of archery. The famous Dronacharya was Arjun's teacher in archery and
Eklavya had acquired the skills that he had by merely watching Dronacharya
guiding Arjun. However, when it came to an archery competition, Dronacharya,
who was more or less certain that, if allowed an opportunity, Eklavya would
possibly beat Arjun, requested Eklavya that if he really loved and respected
him, he should give his right thumb as gurudakshina to his master. Eklavya
dutifully obeyed the person he had chosen as his master and was thus prevented
from competing in the competition which Arjun won. Mr. Pracha submitted that
simply because Eklavya was a tribal boy he was denied the opportunity of
competing with Arjun, despite his brilliance and excellence. Mr. Pracha
submitted that there are many more Eklavyas in today's society, who, if not
suppressed and given a chance, would possibly even outshine those belonging to
the higher echelons of Society.
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