STATE OF PUNJAB versus DAYANAND MEDICAL COLLEGE AND HOSPITAL AND ORS.

Citation: [2001] SUPP. 4 S.C.R. 72 · Decided: 11-10-2001 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
STATE OF PUNJAB 
v. 
DAYANAND MEDICAL COLLEGE AND HOSPITAL AND ORS. 
OCTOBER 11, 2001 
B 
[S. RAJENDRA BABU AND DORAISWAMY RAJU, JJ.] 
Constifution of India, 1950 : 
Article 15(4)-Medical Education-Postgraduate Medical Courses-
C 
Socially and Educationally Backward Classes-Reservation for-Held : State 
has the power to make such reservation-Medical Council of India is not suited 
to make such reservation-However, (f such reservation is to such an enonnous 
extent as to reduce the general candidates to a very small number then Medical 
Council of India may stipulate spec(fic standards for such reseroed category 
D 
candidates also and not otherwise. 
Postgraduate Medical Education Regulations, 2000 : 
Medical Education-Postgraduate Medical Courses-Reservation-
Govemment Notification reserved 60% seats for in-service candidates and 
E 
40% for genera.I candidates-Validity of-Held: Government has the power 
to make such reservations-Hence, notification valid. 
F 
G 
H 
Medical Education-Postgraduate Medical Courses-Entrance Testfor-
Minimum marks-Fixation of-Govemment Notification prescribed 40% 
minimum qualifying marks-No minimum standard .fzxed for certain basic 
subjects-Validity of-Held: It is not open to the University or the Government 
to lower the minimum qualifying marks to less than 50% fixed under 
Regulation 9-0nly the Medical Council of India is competent to prescribe 
standards for postgraduate studies-Hence, notification invalid. 
The appellant-State issued a notification regarding admission to 
postgraduate medical courses in the State. 60 % of the seats in such courses 
were reserved for eligible candidates in Service, while 40 % of the seats 
were kept open to all eligible candidates who were residents of the State. 
The notification also prescribed a minimum of 40 % marks in the 
postgraduate Entrance Test and for certain basic subjects like Anatomy, 
I 
. 
72 
STATE v. DAYANAND MEDICAL COLLEGE AND HOSPITAL 
Physiology and Pharmacology there was no such condition. 
73 
The High Court quashed the notification on the grounds that the 
appellant State lowered the qualifying marks to less than 50% in the 
entrance examination, which was contrary to Regulation 9 of the 
Postgraduate Medical Education Regulations, 2000, and also it provided 
for reservations for admission to the postgraduate medical courses. Hence 
this appeal. 
On behalf of the appellant it was contended that under Article 15(4) 
of the Constitution the State Government had the right to issue executive 
A 
B 
. orders making reservation in postgraduate medical courses; and that 
C 
relaxation of the norms to the extent of 10 % of the marks was permissible. 
Disposing of the appeals, the Court 
HELD : 1.1. The power to be exercised under Article 15(4) of the 
Constitution is a power arising under the Constitution. Though in a sense 
D · 
the Medical Council of India could also be a 'State' for certain purposes, 
such a body would not be suited to make the necessary reservation in 
respect of socially and educationally backward classes in terms of Article 
15(4) of the Constitution because of the need or the necessity for prescription, 
taking into account several consideration such as different levels of social, 
economic and educational development of the State or different regions 
in the State. Such considerations arise in the context of Article 16 as well. 
These vital aspects of policy necessitated equally by great public and 
general importance can be properly appreciated by the Government, 
Central or State, rather than the Medical Council of India, though in the 
context of fixing the standards and the extent to which the difference in 
standards has to be maintained between the general category and the 
reserved category must be left to the Medical Council of India. [81-C-F] 
Dr. Preeti Srivastava v. State of M.P., [1999] 7 SCC 120, followed. 
1.2. If, in a given case, the prescription of reservation for weaker 
sections by the State is to such an enormous extent as to reduce the 
candidates to be selected on the basis of merit performance in an 
examination from the general category to a very small number, then 
perhaps the Medical Council of India may have to take appropriate steps 
E 
F 
G 
H 
74 
SUPREME COURT REPORTS 
[2001] SUPP. 4 S.C.R. 
A 
by stipulating specific standards for such rese..Ved category candicia.tes 
also and not otherwise. [82-B; CJ 
B 
c 
D 
E 
F 
G 
. DI: Preeti Srivasta~a v .. State of M.P., [1999] 7

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