Judgment

Mrs. Sujata V. Manohar, J.—Leave granted in SLP (C) No. 12231 of 1997.

2. The following issue formulated by this Court at the commencement of hearing, requires consideration :

“The question is whether apart from providing reservation for admis­sion to the Post Graduate Courses in Engineering and Medicine for special category candidates, it is open to the State to prescribe different admission criteria, in the sense of prescribing different minimum qualifying marks, for special category candidates seeking admission under the reserved category.”

“This question certainly requires consideration of the Constitution Bench as it arises and is likely to arise in a number of cases in different institutions of the country and needs to be decided authori­tatively keeping in view the observations made in three different two or three-Judge Bench judgments”. These judgments are Ajay Kumar Singh & Ors. v. State of Bihar & Ors.1, Dr. Sadhna Devi & Ors. v. State of U.P. & Ors.2 and Post Graduate Institute of Medical Education & Research, Chandigarh & Ors. v. K.L. Narasimhan & Anr.3 .

Facts :

3. The State of Uttar Pradesh has prescribed a Post Graduate Medical Entrance Examination for admission t