DR. PREETI SRIVASTAVA AND ANR. ETC. ETC. versus THE STATE OF MADHYA PRADESH AND ORS.

Citation: [1999] SUPP. 1 S.C.R. 249 · Decided: 10-08-1999 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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... 
DR. PREETI SRIVASTAVA AND ANR. ETC. ETC. 
v. 
THE ST A TE OF MAD HY A PRADESH AND ORS. 
AUGUST 10, 1999 
[DR. A.S. ANAND, CJ., S.B. MAJMUDAR, SUJATA V. MANOHAR, 
K. VENKATASWAMI AND V.N. KHARE, JJ.] 
A 
B 
Constitution of India, Articles 14, 15 (4), 16 (I) and 335-Uttar Pradesh 
Post Graduate Medical Education (Reservation for Scheduled Castes, 
Scheduled Tribes and Other Backward Classes) Act, 1997-Whether for C 
admission to Post Graduate Medical Courses it is permissible to prescribe 
a lower minimum percentage of qualifying marks for the reserved category-
Uttar Pradesh by legislation prescribing 20% and 45% as qualifying marks 
for reserved and general categories respectively-Madhya Pradesh, by 
executive order, prescribing minimum qualifying marks as 20% for SC 15% D 
for ST and 40% for OBC candidates-Held, Per Majority, prescribing 20% 
and 45% as minimum qualifying marks for reserved and general candidates 
is not permissible under Article 15(4), being unreasonable and contrary to 
public interest; there cannot be a wide disparity between minimum qualifying 
marks for reserved category and general candidates at post-graduate level; 
Uttar Pradesh legislation and Madhya Pradesh G. 0. set aside; Per Majmudar. 
E 
J, (partly dissenting) if 45% passing marks are prescribed for general 
category, permissible dilution of reserved category can go up to 22 and II 
2% (50% of 45%); any further dilution beyond this would be impermissible 
under Article 15(4)-Medical Council of India Act, 1956. 
Medical Council of India, Act 1956-Ss.20,33(/) rlw Regulations on F 
Post-Graduate Medical Education-Constitution of India-Article 254 rlw 
Seventh Schedule, Entry 66, list I and Entry 25 List lll-Prescribing lower 
minimum percentage of qualifying marks for the reserved category for 
admission to post-graduate medical courses-Held, Per Majority, whether 
lower minimum qualifying marks can be prescribed is to be decided by the 
Medical Council of India since it affects standards of post-graduate medical G 
education; Held, further, States cannot in the exercise of power under Entry 
25 list llI make rules in conflict with Regulations framed by the Medical 
Council of India; Per Majmudar, J, (dissenting), Medical Council of India 
Regulations cannot curtail power of States from f1Xing minimum qualifying 
249 
H 
250 
SUPREME COURT REPORTS [1999) SUPP. 1 S.C.R. 
A marks differently for reserved category candidates; full play is available to 
state authorities to exercise legislative or executive power as field is not 
occupied by any legislation till date; Held, further, Medical Council of India 
regulations do not cover the question and though not binding, cannot be 
ignored by State authorities while short-listing eligible candidates for 
B admission to post-graduate medical courses. 
Constitution of India, Articles 15 (4) and 16(4) Post-Graduate Institute 
of Medical Education and Research, Chandigarh Act I966-Ss.2, 13, 32 r/ 
w Post-Graduate Institute of Medical Education and Research, Chandigarh 
Regulations 1967, Regulation 27-Reservation of 20% of seats for SC & ST 
C candidates for admission to super speciality courses of D.M .and MC.H-
Held, reservation at super-speciality level being inconsistent with 
constitutional mandate under Articles 15(4) and 16(4) impermissible ; merit 
alone can be basis of selection. 
The State of Uttar Pradesh (U.P) prescribed a Post-Graduate Medical 
D. Entrance Examination (PGMEE) for admission to Post Graduate Degree/ 
Diploma courses in medicine. By G.O. dated October 11, 1994 the cut-off 
percentage was fixed as 45% marks in the PG MEE for admission of the 
general category candidates and 35% for the reserved category candidates 
viz., Scheduled Castes (SC), ·scheduled Tribes (ST). Thereafter, by another 
G.O. dated August 31, 1995 the State ofU.P completely did away with a cut-
E off percentage of marks in respect of the reserved category candidates. This 
G.O. of August 31, 1995 was challenged liefore this Court in Dr. Sadhna 
Devi v. State of UP., by its judgment reported in 11997] 2 SCC 90 this Court 
held that while laying down minimum qualifying marks for admission to the 
Post Graduate Courses, it was not open to the Government to say that there 
F will be no minimum qualifying marks for the reserved category of candidates. 
This Court struck down the G.O. dated August 31, 1995. 
Thereafter the State of U.P. issued another G.O. dated April 2, 1997 
under which the cut-off pe

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