Full Judgment Text
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PETITIONER:
OMBIR SINGH AND OTHERS ETC. ETC.
Vs.
RESPONDENT:
STATE OF U.P. AND ANOTHER ETC.ETC.
DATE OF JUDGMENT30/07/1992
BENCH:
KASLIWAL, N.M. (J)
BENCH:
KASLIWAL, N.M. (J)
SHARMA, L.M. (J)
CITATION:
1993 AIR 975 1992 SCR (3) 697
1993 SCC Supl. (2) 64 JT 1992 (4) 576
1992 SCALE (2)105
ACT:
Education-Post-Graduate Medical Entrance Examination-
Percentage of marks prescribed for admission-Legality of-
Recommendation to Government to relax to fill up the
vacancies.
Constitution of India, 1950-Article 14-Post-Graduate
Medical Entrance Examination-Different percentage of marks
prescribed for students of general and SC/ST categories-
Legality of-Recommendation to Government to relax to fill
up the vacancies.
HEADNOTE:
The writ-petitioners-doctors, after passing the
M.B.B.S. examination, appeared for the Post-Graduate Medical
Entrance Examination in the year 1992. They were
unsuccessful, as they secured less than 50% marks, which
were necessary for the students of general category and
40% marks for SC/ST according to the rules for admission
applicable for Post-Graduate course.
The present writ petitions were filed challenging the
rules for admission.
The petitioners contended that as a result of the
application of the admission rule a large number of seats
remained vacant and in view of the observations made in
Dr. Ambesh Kumar etc. etc. v. Principal, LLRM Medical
College Meerut and Ors. etc. etc., [1984] 1 SCR 661 such a
situation must be avoided and the remaining seats should
be filled up by applying different criteria; that there
were 439 seats available in the General category, out of
which only 300 candidates secured minimum qualifying
marks, i.e. 50% marks and 139 seats were lying vacant;
that in case of reserved category for SC/St there were 96
seats out of which only 18 candidates secured 40% minimum
qualifying marks and as such 78 seats were lying vacant;
that in all 217 seats were lying vacant; that there was a
great dearth of Post-Graduate doctors in the country and
it would not only be a sheer wastage of money in paying
salaries and other emoluments to
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the teachers but also in the maintenance and upkeep of
infra-structure available for teaching in the various
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disciplines of Post-Graduate Courses; and that it would not
only be in the interest of the petitioners but also in the
national interest, if the vacant seats were filled by
lowering the minimum percentage of qualifying marks in the
entrance examination;
Dismissing the writ petitions, this Court,
HELD: 1.01.So for as the validity of the admission
rules fixing 50% for the general category candidates and 40%
marks for the SC/ST category candidates to be obtained at
the entrance examination as minimum qualifying marks for
being eligible for admission to the Post-Graduate medical
courses, the same are not subject to any challenge. [700C]
1.02. The rule laying down minimum qualifying marks
for admission to post-Graduate medical courses is legal and
no exception can be taken to the same. [701B]
1.03. Once having held that the rule prescribed by the
State Government laying down minimum qualifying marks in the
entrance examination is valid and the State Government
having followed the rule in granting admission in Post-
Graduate courses, it cannot be held that such action is
illegal. There is no infringement of any legal right much
less of any fundamental right of the petitioners.[703B]
Dr. Ambesh Kumar etc. etc. v. Principal, LLRM Medical
College, Meerut and Ors. etc. etc., [1987] 1 S.C.R. 661,
explained.
Ajay Kumar Agrawal and Others v. State of U.P. and
others, [1991] 1 S.C.C. 636 and State of Uttar Pradesh and
Others v. Dr. Anupam Gupta etc., A.I.R.1992 S.C. 932,
referred to.
1.04. The rule of minimum qualifying marks for
admission to Post-Graduate courses was in vogue for the
last many years and large number of seats remained vacant
in earlier years also. [702 C]
1.05. It was for the State Government to have taken
note of such situation and to have amended the rules for
admission so as to fill all the seats available for Post-
Graduate courses. [702 D]
1.06. The State Government is recommended to take
suitable steps
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for redressing the long felt grievance of the doctors to
fill up all the vacant seats for Post-Graduate courses and
which would be a step in the larger public interest also.
The State Government may do so for admission to Post-
Graduate courses for 1992 and in that case, the State
Government would take immediate steps without any loss of
time so that the candidates may also join the 1992
academic session for Post-Graduate studies without any
disadvantage. [703D]
1.07. The State Government would be free to issue
fresh order relaxing the requirement of minimum marks to
such extent which may meet the necessity of maintaining
academic standards for admission to Post-Graduate Courses as
well as the regulations prescribed by the Medical Council
of India in this regard. This would be perfectly within
the powers of the State Government and would not be
violative of Article 14 of the Constitution. The above
observations relate only in respect of the vacant seats of
Post-Graduate courses of 1992 and not in relation to any
vacancies for the earlier years. [703F]
JUDGMENT:
ORIGINAL JURISDICTION : Writ Petitions (Civil) Nos.
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451, 454, 525, 545 of 1992.
(Under Article 32 of the Constitution of India).
Yogeshwar Prasad, Mrs. Rachna Gupta, Prashant Kumar,
Pradeep Misra, Sudhir Kulshreshtra and Dr. Neena Raizada
for the Petitioners.
Dr. Ghatate, R.B. Misra, Vishwajit Singh Ajay K.
Agrawal for the Respondents.
The Judgment of the Court was delivered by
KASLIWAL, J. All the above writ petitions have been
filed by the doctors who after passing the M.B.B.S.
examination, appeared for the Post-Graduate Medical Entrance
Examination (PGMEE) held by the Lucknow University in the
year 1992, but remained unsuccessful as they secured less
than 50% marks which were necessary for the students of
general category and 40% marks for SC/ST according to the
rules for admission applicable for Post-Graduate course.
On 14.7.1992 we passed a detailed order and so far as
the admission rules fixing 50% of the marks to be obtained
at the entrance examination as minimum qualifying marks for
admission to the Post-Graduate medical courses are
concerned the
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same were held to be legal and it was further held that no
exception can be taken to the same. It was however,
contended on behalf of the petitioners that as a result
of the application of the aforesaid rule a large number of
seats have remained vacant and in view of the observations
made in Dr. Ambesh Kumar etc. etc., v. Principal, LLRM
Medical College Meerut and Ors. etc. etc. [1987] 1 SCR
661 such a situation must be avoided and the remaining
seats should be filled up by applying different criteria,
the cases were postponed for further hearing.
We have heard learned cousel for the parties and
have thoroughly gone through the record. So far as the
validity of the admission rules fixing 50% marks for the
general category candidates and 40% marks for the SC/ST
category candidates to be obtained at the entrance
examination as minimum qualifying marks for being
eligible for admission to the Post-Graduate medical
courses, the same are not subject to any challenge as we
have already held the same to be legal in our order dated
14.7.1922. Learned counsel for the petitioners made
strenuous effort to persuade us to take a different view,
but they failed in the said attempt. It may be further
mentioned that this Court in Ajay Kumar Agrawal and Others.
v. State of U.P. and others, [1991] 1 SCC 636 observed as
under :-
"It is not disputed that in Uttar Pradesh the
prevailing practice was a 50 per cent for allowing
Post Graduate Study to doctors with MBBS
qualifications but taking their University
examination as the base without any separate
selection test, it is not the case of any of the
parties before us that the selection is bad for
any other reason. We are of the view that it is in
general interest that the 50 per cent cut-off
base as has been adopted should be sustained."
The matter again came up for consideration before
this Court and in State of Uttar Pradesh and Others v.
Dr. Anupam Gupta etc., AIR 1992 S.C. 932, it was held as
under :
"Thus it could be seen that this Court
consistently laid down the criteria for conducting
entrance examination to the post graduate degree
and diploma courses in Medicine and the best among
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the talented candidates would be eligible for
admission. 50% cut off marks was also held to be
valid to achieve excellence in post graduate
speciality. Accordingly we uphold the
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prescription of 50% cut off marks to general
candidates and 40% to SCs and STs together with
1.65% weightage of total marks i.e. 50 marks in
total in entrance examination as constitutional and
valid".
Thus, we further hold that any challenge to the above
rule laying down minimum percentage of marks for eligibility
for admission to Post-Graduate courses is no longer res-
integra.
Learned counsel appearing for the petitioners then
submitted that admittedly there were 439 seats available in
the General category, out of which only 300 candidates
secured minimum qualifying marks i.e. 50% marks and 139
seats are lying vacant. Similarly in case of reserved
category for SC/ST there were 96 seats out of which only 18
candidates secured 40% minimum qualifying marks and as such
78 seats are lying vacant. It has been contended that in
all 217 seats are lying vacant and large number of
Professors and Readers meant for imparting teaching in the
various disciplines of Post-Graduate courses shall remain
idle and the Government shall have to unnecessarily spend
large funds for meeting their emoluments. It was also
submitted that there is a great dearth of Post-Graduate
doctors in the country and it would not only be a sheer
wastage of money in paying salaries and other emoluments to
the teachers but also in the maintenance and upkeep of
infra-structure available for teaching in the various
disciplines of Post-Graduate Courses. It has been further
submitted that it would not only be in the interest of the
petitioners but also in the national interest if the vacant
seats are filled by lowering the minimum percentage of
qualifying marks in the entrance examination. It has been
submitted that the number of seats lying vacant is not small
but it is large being 217 out of the total 535 seats.
Learned counsel for the petitioners is this regard placed
reliance on the following observations made by this Court in
Dr. Ambesh Kumar etc. etc. v. Principal LLRM Medical College
Meerut and Ors. etc. etc., [1987] 1 SCR 661.
"It is pertinent to mention in this connection that
the number of seats allotted to each of the
prescribed courses is on the basis of two seats per
professor and there is a crying necessity in the
State for more experts in various disciplines in
Medicine and Surgery etc. It is incumbent on the
State Government to see that all these seats
earmarked for each of these disciplines or courses
are filled up. It appears from Annexure D to the
702
petition in C.A. No. 6119 of 1983 that quite a
considerable number of seats in various disciplines
were kept vacant as the applicants did not fulfill
the eligibility qualification framed by the State
Government by its aforesaid order and as a result
several Professors and Assistant Professors who are
meant for imparting teaching in these disciplines
were kept idle though a considerable fund had to be
expended for meeting their emoluments. It is for
the State to consider and to see that the seats are
filled up in all the disciplines and they are not
left vacant in spite of a large number of
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applicants applying for admission in the various
disciplines and the State Government has to evolve
such criteria of eligibility that all the seats in
different M.D., M.S. degree and diploma courses are
filled up".
We have given our thoughtful consideration to the
aforesaid submission. It may be noted that the aforesaid
rule of minimum qualifying marks for admission to Post-
Graduate courses was in vogue for the last many years and
large number of seats remained vacant in earlier years also.
It was for the State Government to have taken note of such
situation and to have amended the rules for admission so as
to fill all the seats available for Post-Graduate courses.
So far as any mandamus or direction to be given by this
Court is concerned, we refrain from doing so because this
Court has repeatedly held that the rule laying down minimum
qualifying marks for admission to Post-Graduate medical
courses is legal and no exception can be taken to the same.
Even in Dr. Ambesh Kumar’s case (supra) the rule laying down
minimum of 55% and 52% marks in MBBS respectively of
admission to Post-Graduate degree and diploma courses was
held to be valid. An argument was raised in the aforesaid
case that the State Government had no power to lay down
further eligibility qualification for being considered for
admission in the Post-Graduate courses, in addition to the
eligibility criteria laid down by the Medical Council in its
regulations but the aforesaid contention was negatived and
it was held as under :-
"The order in question merely specifies a further
eligibility qualification for being considered for
selection for admission to the post-graduate
courses (degree and diploma) in the Medical
Colleges in the State in accordance with the
criteria laid down by Indian Medical Council. This
does not in any way encroach upon the Regulations
that have been framed under the provisions of
Section 33 of the Indian Medical Council Act.
703
On the other hand in order to promote and further
the determination of standards in institutions for
higher education, the State Government who runs
these colleges provide an additional eligibility
qualification."
Thus, we are clearly of the view that once having held
that the rule prescribed by the State Government laying down
minimum qualifying marks in the entrance examination is
valid and the State Government having followed the aforesaid
rule in granting admission in Post-Graduate courses, it
cannot be held that such action is illegal. There is no
infringement of any legal right much less of any fundamental
right of the petitioners.
We can only recommend that the State Government may
take suitable step for redressing the long felt grievance of
the doctors to fill up all the vacant seats for Post-
Graduate courses and which would be a step in the larger
public interest also. The State Government may do so for
admission to Post-Graduate courses for 1992 and in that
case, the State Government would take immediate steps
without any loss of time so that the candidates may also
join the 1992 academic session for Post-Graduate studies
without any disadvantage. It is further made clear that in
doing so such candidates who having secured more than 50%
marks and having already been allotted the specialities
would not be disturbed in any manner. The vacant seats
would however be filled strictly in accordance with merit in
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the entrance examination and according to the combined merit
list of the whole State of Uttar Pradesh. The State
Government would be free to issue fresh order relaxing the
requirement of minimum marks to such extent which may meet
the necessity of maintaining academic standards for
admission to Post-Graduate courses as well as regulations
the prescribed by the Medical Council of India in this
regard. This, in our view, would be perfectly within the
powers of the State Government and would not be violative of
Article 14 of the Constitution. The above observations
relate only in respect of the vacant seats of Post-Graduate
courses of 1992 and not in relation to any vacancies for the
earlier years of 1990 or 1991. With the aforesaid
observations, we dismiss all these petitions with no order
as to costs. The application for intervention No.2 in Writ
Petition No.454 of 1992 also stands dismissed automatically.
V.P.R. Petitions dismissed.
704