STATE OF M.P. AND ANR. versus KUMARI NIVEDITA JAIN AND ORS.

Citation: [1982] 1 S.C.R. 759 · Decided: 22-09-1981 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Appeal(s) allowed
Cited by 7 judgment(s) · cites 3 · see the full citation network in Lexace
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Judgment (excerpt)

J 
l r 
; 
STATE OF M.P. AND ANR. 
v. 
KUMAR! NJVEDITA JAIN AND ORS. 
September 22, 198/ 
[ Y.V. CHANDRACHUD, C.J .. A. VARADARAJAN AND 
AMARENDRA NATH SeN, JJ. J 
759 
Right of opportunity for admission to medical co/l~gr1-Rule:s for A.dmlssiorr 
/No the Mtdical, Dentistry and .A.yurvedic College:~ lrr Madhya Prade:~h prescribing 
Rltttion purely on merit from amongst those who have qualified In the written 
tmrinQtiGr.-Ftstfi'Otion of stOI$ for Scheduled Castes afld Sclreduled Tribe3 to 
tltt tzttnt of IS% for each caugory subject to a provlslo!lln Rule 9 to the effect 
Pot 1111/illtd vacancie11 should go to candidates available 'on the combined Merit 
Usi-Statt Governmmt by on executive ordtr dated 9th September, 1980 compte· 
tr/1 rtlaxing the €0ndilfa11S relating to the minimum qualification marlu for :selec-
tioll to medical collegu In farour of Scheduled Castes and Scheduled Tribu-
Wittthtr tht exuutht order offMds .A.rticlu 14 and 15 of the Co11StitUJiort and 
Ordillanct 54 of the C/nlrtulty of Jabo/pur, Rrgulation 2 of the Medical Co~~IrCil of 
ladiJJrtadwlth :section 19 of the Indian Medical Council Act, /956. 
-
In exercise or its executive power 
the State Government of Madbya 
Pndt$h made by its order dated 2nd April, 1980 the Rules for admission into 
the Medical, Dentistal and Ayurvedic Colleges in Madhya Pradesh. By and 
on~tr Rule 7 tho State Government has reserved 15% or seats for each or tho 
nttaorics or Scheduled Cutes and Scheduled Tribes candidales. Rule 20 lays 
down that ~tlection or candidutu from nmons" those who have qualified in the 
rumination ihall be made strictly on merit as disclosed by total number of 
marks obtained by candidates in the pre-medical e:urnination. Rule 20 further 
:o;•~n that minimum qualifying marks for admission to Medical Colleges shall 
C •0/.ln the aur~~ate and 33% In each subject respectively; but for Schedul~d 
· ~~~t~ and Scheduled Tribes candidates tbe minimum qualifying marks shall be 
th r. 10 the anre~ate and 30% in each ,ubject. Note (ii) below Rulo 20 empowc~ 
d:k~ovenun~nt to arant in case of candidate belont~ing to the :a~egori.::s of ~~o· 
Ut1tet and ~hcdult:d Tribes special relaxation In tho mmtmum quultfytog 
marks to the 
· 
· d 
be 
f 
Qndl 
. extent constd~red n.:ceuory in the ev.:nt of the rcquu-e num r o 
•lo tdatet JU tbcse two categories not being available. Rule 9 contains a provi. 
an:.;: the tlYect that In case seuts rc$Crvod for categories of Scheduled Castes 
h•ilabbcdultd Tribes remain vaCllnt, theso seats will be filled up by ~ndidates 
MeditaJlt 00 tho combined merit Jist. Tho total number of seats Ill all the 
•M Scbe~o:It-aet beloa 720 in number, 108 aeats ca.:h for tho S;;heduled Castes 
u cd Tribes became re!erved under Rulo 7. 
A 
8 
c 
0 
E 
F 
G 
H 
B 
c 
D 
E 
F 
G 
H 
760 
SUPREME COURT REPORTS 
[ 1982] 1 s.c.R. 
For admission to the Medical Colleges for the academic year l 980-Sl, there 
were 9400 candidates in all, of which f23 candidates were from Scheduled Castes 
and 145 candidates were from Scheduled Tribes. On the result of the pre-medi-
cal examination only 18 seats in tl:e category of Scheduled Castes and 2 scats in 
the category of Scheduled T 1ites cculd te f:lled up because the other candidates 
of these categories did not 
~ccure the qualifying marks prescribed by Rule 20. 
The Selection Board in exercise of the 
pov. er under note (i) to Rule 20 made a 
rc)a)(ati(\n c f 5% in terms thereof and thereafter 7 more candidates in thecate-
I!OJY of Scheduled Castes and or:e reme in the category of Scheduled Tribes got 
admitted, Jc:aving a balance of 83 seats under Scheduled Castes' quota, and 105 
seats under th: Sdedulcd T1ibcs quota to te filfed as provided for under Rule 9. 
But the State Government, by its order dated 9th September, 1980 removed the 
condition relating to minimum qualifying marks in favour of the candidates from 
amongst Scheduled Castes and Scheduled Tribes. 
The respondent belonging to the general category who obtained the mini-
rr.um qualifying rrarks but could not ~t(me a emission as other candidates for 
the general seats had obtained marls hil!her than she had oblained in the pre-
medi.ca\ examination for filling up the vacancies available in the general category, 
would have been in a position to secure admission to the Medical College but 
for the complete relaxation granted by the impugned order without complying 
with the provisions of Rule 9. 
She, therefore, filed a writ petition in
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