DR. SADHNA DEVI AND ORS. versus STATE OF U.P. AND ORS.

Citation: [1997] 2 S.C.R. 186 · Decided: 19-02-1997 · Supreme Court of India · Bench: B.P. JEEVAN REDDY · Disposal: Disposed off
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Judgment (excerpt)

A 
DR. S;WHNA DEVI AND ORS. 
v. 
STATE OF U.P. AND ORS. 
FEBRUARY 19, 1997 
B 
[B.P. JEEVAN REDDY AND SUHAS C. SEN, JJ.) 
Constitution of Indi1r-A1ts. 14, 15, 21. 
Indian Medical Council Act, 1956 & Indian Medical Council (Amend-
C ment) Act, 1993-Ss. 20 & 33. 
Reservation of seats for SC/ST/OBC candidates in post graduate medi-
cal degree/diploma courses-Govt. circular cancelling the need of 
SC/ST!OBC's to score even the minimum marks in the entrance test to the 
reserved seats struck down when State Govt. itself has prescribed an entrance 
D test and the minimum marks required for SC!ST!OBCs and merit is 
sacrificed-Unfilled seats in the reserved quota to be given to general category 
candidates. 
The Writ Petition filed by general category candidates aspiring for 
seats in the Post Graduate Medical courses challenges the circular/letter 
E of the State Govt. cancelling the need for SC/ST/OBCs for whom seiits are 
reserved, from obtaining even the minimum marks prescribed in the 
entrance test. It was submitted by the Petitioners that the norms/guidelines 
set by the Indian Medical Council Act and the Post Graduate Medical 
Education Committee was violated, by the circular. 
F 
Allowing the Writ Petition, this Court 
HELD : 1. The decision contained in the letter dt. 31.8.95 addressed 
by the Principal Secretary, Uttar Pradesh Govt. to the Director General, 
Medical Education and Training, Uttar Pradesh directing that there 
G shall be no minimum qualifying marks for SC/ST/OBC candidates in the 
written examination for admission to Post Graduate and diploma 
courses is quashed. It is directed that if the seats reserved for 
SC/ST/OBC candidates cannot be filled up on account of failure of the 
of the candidates belonging to these categories to obtain the minimum 
H qualifying marks then such seats should be made available to the 
186 
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SADHANADEVIv. STATE 
187 
candidates belonging to the general category. [198-A-C] 
2. The Govt. having laid down a system for holding admission tests, 
is not entitled to do away with the requirement of obtaining the minimum 
qualifying marks for the special category candidates. It is open to the Govt. 
A 
to admit candidates belonging to the special categories even in a case B 
where they obtain lesser marks than the general candidates provided they 
have got the minimum qualifying marks to fill up the reserved quota of 
seats for them. [196-C] 
3. There can be no doubt that the State may, if it feels necessary to 
do so, encourage tlie backward classes by reserving seats at the under-
C 
graduate level for persons belonging to SC, ST and OBCs. There is 
reservation as to whether this policy of reservation can be extended to 
post-graduate level. [196-G] 
4. The right of the State Govt. to reserve admission to Post Graduate D 
Medical Courses for SC/ST and members of OBC classes is not in dispute. 
The only dispute is that whether the State Govt. is entitled to do away 
altogether with the system of obtaining minimum qualifying marks for 
getting admission to these courses. By the impugned circular the State 
Govt. has dispensed with the requirement of obtaining at least 35% marks 
in the written examination held for admission to Post Graduate degree and 
diploma courses. The Medical Council has not laid down that for the 
purpose of admission to Post Graduate medical courses, a further test 
will have to be conducted nor has it laid down any qualifying marks which 
will have to be obtained in such tests. The Council was entitled to enhance 
E 
the minimum qualification for admission to the post graduate courses. But F 
the Council has not done that. There may be more candidates than seats 
available for admission to the postgraduate courses. For this purpose the 
State Govt. decided to hold test for selection among eligible candidates. By 
reserving seats in these courses for certain categories of persons the State 
GoVt. has departed from the norm of merit being the only criterion for 
selection. Eligible candidates of lesser merit may be admitted to the post G 
graduate courses if they belong to any of the three categories mentioned 
in the Govt. notification. But what is essential is that even the candidates 
of the three special categories must have an MBBS degree and must obtain 
the requisite marks in the test to gain admission to MS, MD and other 
courses. Here the State Govt. has drawn a distinction between the special H 
188 
SUPREME COURT REPORTS 
[1997] 2 S.C.R.
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