LexDR. AMBESH KUMAR ETC. ETC. versus PRINCIPAL, LLRM MEDICAL COLLEGE MEERUT AND ORS. ETC. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
+
DR .. AMBESH KUMAR ETC. ETC. . '
v.
PRINCIPAL, LLRM MEDICAL COLLEGE
MEERUT AND ORS. ETC. ETC.
DECEMBER 19, 1986
[A.P, SEN AND B.C.RAY, JJ.]
A
B
Education, ' medical-Admission to
Post-graduate medical
courses-Indian Medical Council prescribing certain qualifications for
admission-State Government prescribing an additional condition, as
regards the selection according to merit of a minimum of 55% and 52%
C
marks in MBBS respectively for admission to Degree and Diploma
courses-.Whether the said _order is repugnant to or encroaches upon or
in conflict with the power of the Central legislature to make laws in
respect of matters specified in Entry 66 of List I of the Seventh Schedule
to the Constitution-Constitution of India, Article 162 and Entry 25 of
List III and Entry 66 of List I of the Seventh Schedule, scope.
D
While the Central Government as well as the Parliament bas the
power to make laws nnder Entry 66 of List I of the Seventh Schedule for
the purpose of "coordination and determination of standards in institu-
tions for higher education or research and scientific and technical in-
stitutions", the State Government by virtue of the executive powers
vested under Article 162 of the Constitution bas also the power to make
laws under Entry 25 of the Concurrent List Ill of the Seventh Schedule
in respect of "Education, including technical education, medical educa-
tion and universitie8, silbject to the provisions of Entries 63, 64, 65
and 66 of List I; vocational and technical training oflabour" -
In accordance with the provisions of section 33 of the Indian
E
F
Medical Council Act, 1956, the Medical Council with the previous sane-.
;,/ tion of the Central Government made the Regulations laying down the
7 , standards of proficiency to be obtained and the practical training to be
-
nndertaken in medical institutions for grant of recognised medical quali-
fication. The said R.igulations lay down the criteria for selection of G
candidates for post-graduate training and one such criteria is "students
of post graduate training should be selected strictly on merit judged on
the basis ·of acadamic record in the undergraduate course".
--{
While inviting applications by its notice dated 15.10.82 for admis-
sion to the various post graduate courses in degree and diploma in the
H
661
662
SUPREME COURT REPORTS
[1987] l S.C.R.
A different spec:ialities the State Government issued an order ·dated
~
15.12.82, para 6 of which was to the effect that "No candidate shall be
eligible fot admission to post graduate degree or diploma course, who
has obtained less than 55% and 52% marks respec:tively for the two
courses (Degree and Diploma) in merit calculated in accordance with
para 2 of the said notice."
B
Some of the candidates who were denied admission on the ground -r
that they have obtained less than the prescribed percentage of marks
have approached the Supreme Court under Article 32 of the Constitu-
tion and some others have come by way of special leave having Jost their
Writ petitions before the Allahabad High Court.
c
The only question that arose was the competency of the State +
Government to prescribe the minimum marks obtained in MBBS for
:r-
admmion to post graduate courses and whether such an order is in
• conflict with the power of the Central Legislature to make laws in
respec:t of matters spec:ified in Entry 66 of List I of the Seventh
D Schedule.
Dismissing the appeals and the petitions, the Court,
HELD: I.I. The State Government order dated 15.12.82 has not
in any way contravened or encroached upon the power of the Central
~
E Legislature to make laws or the Central Government to make orders in
regard to matters provided in Entry 66 of List I of Seventh Schedule to
the Constitution. There is no conftict between the Regulations and also
the order in question. The State Government by laying down the t!ligi-
bility qualification namely the obtaining of certain minimum marks in
•
the MBBS emmination 'by the candidates has not in any way encroa-
F
ched upon the Regulations made under the Indian Medical Council Act
nor does it infr~e the central_power_provided in the Entry 66 of List I of
·~
the Seventh Scbed..,e to the Constitution. The order merely provides an
additional eligibility, qualification. [672C-F]
'
1.2 The State Government can in exercise of Its executive power
G
under Article 162 of the Constitution make an order relating to matteExcerpt shown. Read the full judgment & AI analysis in Lexace.