LexOMBIR SINGH AND OTHERS ETC. ETC. versus STATE OF U.P. AND ANOTHER ETC. ETC.
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OMBIR SINGH AND OTHERS ETC. ETC. A ~ v. STATE OF U.P. AND ANOTHER ETC. ETC. JULY 30, 1992 [LALIT MOHAN SHARMA AND N.M.KASLIWAL, JJ.) B " Education-Post-Graduate Medical Entrance Examination-Percent- ' age of marks prescribed for admission-Legality of-Recommendation to ..... ' -J Government to relax to fill up the vacancies. c 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 Govern- ment to relax to fill up the vacancies. ~. The writ-petitioners-doctors, after passing the M.B.B.S. examina- D tion, appeared for the Post-Graduate Medical Entrace 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. E - -, The present writ petitions were filed challenging the rules for admis- sion. -:- The petitioners contended t.hat as a result of the application of the admission rule a large number of seats remained vacant and in view of the F observations made in Dr. Ambesh Kumar etc. etc. v. Principal, LLRM -I_ ~ 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 G 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 lyi~g 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 ind other emoluments to H 697 698 SUPREME COURT REPORTS (1992] 3 S.C.R. A the teachers but also in the maintenance and upkeep of infra-structure available for teaching in the various 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 mini- · mum percentage of qualifying marks in the entrance examination; B 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 C qualifying marks for being eligible for admission to the Post-Graduate medical courses, the same are not subject to any challenge. [700CJ D 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. [7018) 1.03. Once having held that the rule prescribed by the State Govern- ment laying down minimum qualifying marks in the entrance examinatidn 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 E fundamental right or the petitioners. (70381 F 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.l.R. 1992 S.C.,932, referred to. 1.00:. The rule of minimum qualifying marks for admission to Post- Graduate courses was in vogue for the last many years and large number 1 G of seats remained vacant in earlier years also. (702 CJ H 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-Gradu.ate courses. (702 DJ 1.06. The State Government is recommended to take suitable steps ,. - - - OMBIR SINGH v. STATE OF U.P. [KASLIWAL, J.) 699 for redressing the long felt grievance of the doctors to fill up all the vacant A 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-Gra
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