2003 Supreme(SC) 660

2003(5) Supreme 473
SUPREME COURT OF INDIA
(From Madhya Pradesh High Court)
R.C. Lahoti and Ashok Bhan, JJ.
The State of Madhya Pradesh & Ors. —Appellants
versus
Gopal D. Tirthani and Ors. —Respondents
Civil Appeal No. 5223 of 2003
(@ SLP (C) No. 10820 of 2003)
With
Civil Appeal Nos. 5224-5226 of 2003
(@ SLP (C) Nos. 10903-10904/2003, 10879/2003)
Decided on 28-7-2003
Counsel for the Parties :
For the Appearing Parties : A.K. Chitale, Sr. Adv., Vivek Tankha, Advocate General for State, W.A. Nomani, Satish K. Agnihotri, P.N. Puri, Atul Nanda and Ms. Veena Nanda, Maninder Singh, Mrs. Pratibha M. Singh, Ankur Talwar, Kirti Mann Singh, Sanjeev Sachdeva, B.S. Banthia, Naveen Sharma, Niraj Sharma, M. Mannan, Sakesh Kumar, Ashok Kumar Singh, Dr. K.S. Chauhan, Chand Kiran, A. P. Natarajan and Javed A. Warsi, Advocates.

IMPORTANT POINT
In the State of Madhya Pradesh allocation of 20 seats in post gradua­tion in the Universities of Madhya Pradesh for in-service candidates is not a reservation but a separate and exclusive channel of entry or source of admission.

Headnote:(i) Medical Education—Post Graduate Courses, admissions in State of M.P. —20 seats allocated for in service candidates—Validity—Test of Reasonable classification—Whether allocation of 20 seats in post graduation in Universities of Madhya Pradesh for in service candidates is a reservation—(No)—It is a separate and exclusive channel of entry or source of admission—Such two channels of entry or two sources of admission is a valid provision—Whether common entrance test for determining eligibility to post graduation is justified—(Yes)—P.G. Entrance Examination Rules, 2002—P.G. Admis­sion (in service) Rules, 2002.

       Held : To withstand the test of reasonable classification within the meaning of Article 14 of the Constitution, it is well settled that the classification must satisfy the twin tests: (i) it must be founded on an intelligible differentia which distinguishes persons or things placed in a group from those left out or placed not in the group, and (ii) the differentia must have a rational relation with the object sought to be achieved. It is permissible to use territories or the nature of the ­objects or occupations or the like as the basis­ for classification. So long as there is a nexus between the basis of classification and the object sought to be achieved, the classifica­tion is valid. We have, in the earlier part of the judgment, noted the relevant statistics as made available to us by the learned Advocate General under instructions from Dr. Ashok Sharma, Director (Medical Services), Madhya Pradesh, present in the Court. The rural health services (if it is an appropriate expression) need to be strengthened. 229 community health centers (CHCs) and 169 first referral units (FRUs) need to be manned by specialists and block medical officers who must be post graduates. There is nothing wrong in the State Government setting apart a definite percentage of educational seats at post graduation level consisting of degree and diploma courses exclusively for the in-service candidates. To the extent of the seats so set apart, there is a separate and exclusive source of entry or channel for admission. It is not reservation. In-service candidates, and the candidates not in the service of the State Government, are two classes based on an intelligible differentia. There is a laudable purpose sought to be achieved. In-service candidates, on attaining higher academic achievements, would be available to be posted in rural areas by the State Government. It is not that an in-service candidate would leave the service merely on account of having secured a post graduate decree or diploma though by virtue of being in the service of the State Government. If there is any misapprehension the same is allayed by the State Government obtaining a bond from such candidates as a condition precedent to their taking admission that after completing PG Degree/Diploma course they would serve the State Government for anoth­er five years. Additionally a bank guarantee of rupees three lakhs is required to be submitted alongwith the bond. There is, thus, clearly a perceptible reasonable nexus between the classification and the object sought to be achieved. (Para 21)

       Further held : The eligibility test, called the entrance test or the pre-PG test, is conducted with dual purposes. Firstly, it is held with the object of assessing the knowledge and intelligence quotient of a candidate whether he would be able to prosecute post-graduate studies if al­lowed an opportunity of doing so; secondly, it is for the purpose of assessing the merit inter se of the candidates which is of vital significance at the counseling when it comes to allotting the success­ful candidates to different disciplines wherein the seats are limited and some disciplines are considered to be more creamy and are more covered than the others. The concept of a minimum qualifying percent­age cannot, therefore, be given a complete go by. If at all there can be departure, that has to be minimal and that too only by approval of experts in the field of medical education, which for the present are available as a body in the Medical Council of India. (Para 25)

       (ii) Medical Education—Post Graduate Courses, admissions in State of MP —Process of conducting entrance examinations so as to select candi­dates—Whether it is permissible to hold and conduct separate entrance examinations for in-service and open category candidates, or should there be only one common entrance—State of Madhya Pradesh was not justified in holding and conducting a separate entrance test for in service candidates—Medical Council of India insists, through its Regulations, on a common entrance test being conducted—State of Madhya Pradesh must comply with requirements of these Regulations and hold a common entrance test even if there are two separate channels of entry—Madhya Pradesh Medical and Dental Post Graduation Entrance Examination Rules) 2002—P.G. Admission (in Ser­vice) Rules, 2002.

       Held : The eligibility test, called the entrance test or the pre-PG test, is conducted with dual purposes. Firstly, it is held with the object of assessing the knowledge and intelligence quotient of a candidate whether he would be able to prosecute post-graduate studies if al­lowed an opportunity of doing so; secondly, it is for the purpose of assessing the merit inter se of the candidates which is of vital significance at the counseling when it comes at allotting the success­ful candidates to different disciplines wherein the seats are limited and some disciplines are considered to be more creamy and are more coveted than the others. The concept of a minimum qualifying percent­age cannot, therefore, be given a complete go by. If at all there can be departure, that has to be minimal and that too only by approval of experts in the field of medical education, which for the present are available as a body in the Medical Council of India. (Para 25)

       Clearly the State of Madhya Pradesh was not justified in holding and conducting a separate entrance test for in-service candidates. Nor could it have devised a formula by combining clause (i) and (iii) of Regulation 9(1) by resorting to clause (iv). Recourse can be had to clause (iii) when there is only one university. When there is only one university in one State, the standard of assessment can reasonably be assumed to have been the same for assessing the academic merit of the students passing from that university. When there are more universities than one in a State, the standards of different universities and their assessment methods cannot obviously be uniform and may differ. Then it would be futile to assess the comparative merit of individual performances by reference to clause (iii). The High Court is, therefore, right in forming an opinion that in the State of Madhya Pradesh, where five universities exist, the method of evaluation contemplated by clause (iii) is not available either in substitution of or in addition to clause (i). The candidates qualified at the Pre-PG or entrance test held in common for in-service and open category candidates, would then be divided into two separate merit lists to be prepared for the two categories and merit inter se of the successful candidates shall be available to be assessed separately in the two respective categories. (Para 28)

       The Medical Council of India, for the present, insists, through its Regulations, on a common entrance test being conducted whereat the minimum qualifying marks would be 50 . The State of Madhya Pradesh must comply with the requirements of the Regulations framed by the Medical Council of India and hold a common entrance test even if there are two separate channels of entry and allow clearance only to such candidates who secure the minimum qualifying marks as prescribed by the MCI Regulations. If the State has a case for making a departure from such rule or for carving out an exception in favour of any clas­sification then it is for the State to represent to the Central Gov­ernment and/or Medical Council of India and make out a case of justification consistently with the fore-quoted observation of this Court. In Dayanand Medical College and Hospital’s case (supra). (Para 26)

       (iii) Medical Education—Post Graduate courses, admissions—Whether weight­age can be given to doctors for their having rendered the specified number of years of service in rural/tribal areas—(Yes)—It is permis­sible to assign a reasonable weightage for service rendered in rural/tribal ­areas by in service candidates for purpose of determining in-service candidates who have qualified in Pre-PG test by securing minimum qualifying marks as prescribed by Medical Council of ­India.

       Held : In the setup of health services in the State of Madhya Pradesh and the geographical distribu­tion of population no fault can be found with the principle of assign­ing weightage for the service rendered in rural/tribal areas while finalizing the merit list of successful in-service candidates for admission to PG courses of studies. Had it been a reservation, consid­erations would have differed. There is no specific challenge to the quantum of weightage and in the absence of any material being avail­able on record we cannot find fault with the rule of weightage as framed. We hasten to add that while recasting and reframing the rules, the State Government shall take care to see that the weightage as­signed is reasonable and is worked out on a rational basis. (Para 33)

       (iv) Medical Education—Post Graduate Courses, admissions—Relaxed eligi­bility criterion for female doctors in rural service—Whether justi­fied—(Yes)—Women candidates constitute a class by themselves—Provision of relaxed or reduced eligibility criteria does not suffer from vice of invidious discrimination.

       Held : Though the length of service considered relevant in case of male doctors is five years to be eligible for seeking admis­sion to PG courses the rules provide that so far as female candidates are concerned, rendering 3 years services in rural area would make them eligible and that too for specified disciplines, i.e., Obstetrics & Gynaecology and Anaesthesia. Women are a well-defined class. Out of women those who have rendered service in rural areas for a period of three consecutive years also constitute a class based on intelligible differentia and are well-defined. The rule has logic behind it. Female patients, specially those in a family-way, need more medical atten­tion. While delivering a child surgical process may need to be per­formed on their person. Women folk in rural areas have reluctance for being dealt with by male doctors and they feel more comfortable with female doctors. The purpose of providing relaxation in eligibility criterion in favour of female doctors is not unreasonable and has nexus with the object sought to be achieved. With this rule too we cannot find any fault and it certainly not suffer from any constitu­tional anathema. Both the rules, i.e. assigning weightage for rural service ren­dered as Assistant Surgeons and carving out a classification in favour of women candidates conferring them with eligibility for seeking admission in postgraduate courses by rendering 3 years consecutive service in rural areas satisfy the twin tests of Article 14 of the Constitution. (Para 34 & 35)]

       (v) Medical Education—Post Graduate Courses, admissions—Conferral of benefit by grant of weightage to in-service candidates—Reduced eligi­bility qualification for women, held justified—Incidental questions arising because of court proceedings—Plea of age bar—Directions made.

       Held : In the year 2002 the in-service candidates sponsored by the department, and who took the examinations also, have lost for no fault of theirs the opportunity of prosecuting post graduation studies even if they were successful in the entrance test. The pronouncement of results was stayed and then the examination itself stood nullified consequent upon the rules on which it was based having been annulled by the High Court. During the course of hearing it was pointed out that some of the candidates who were eligible to take the examination in the year 2002 as having not crossed the upper age limit of 45 years may have now been rendered ineligible on account of age bar. They deserve to be allowed one opportunity to taking examination else they would be made to suffer for no fault of theirs. We find merit in the submission so made. In the examination held in the year 2003, in the category of in-service candidates, 36 have qualified. They have taken the common entrance test along with open category candidates and they have also secured the minimum qualifying marks as prescribed by MCI Regulations. In the quota of in-service candidates, 53 seats still remain vacant. It was stated at the Bar that there are many who could not apply because of the confusion that was prevailing on account of pendency of writ petitions in the High Court and declaration of results of the entrance examination having been stayed by the interim order of the High Court passed in the previous batch of writ petitions. Even the State Government was in a state of fix and did not process the spon­sorship applications of in service candidates. Those 108 in-services candidates, who had applied for participation in Pre-PG Test 2003, did so without sponsorship and the High Court has directed admission being allowed to 36 successful in-service candi­dates by processing their sponsorship ex post facto. Suitable direc­tions need to be given to take care of interest of in-service candi­dates qua Pre-PG Test 2003. In our opinion, the in-service candidates who were eligible to take PG entrance test for the year 2002 and actually took the same as also the in-service candidates who are eligible to take PG entrance test for the year 2003, should both be allowed an opportunity of participating in the PG entrance examination which may now be arranged subject to their satisfying the sponsorship criteria. This is one time arrangement designed to do justice in the peculiar facts of this case and is not intended to lay down a precedent. Though we have held the 20 quota for in-service candidates to be a separate channel of entry, we feel that in the absence of requisite number of in-service doctors qualifying at the Pre-PG Test, the seats to the extent to which they remain vacant because of the requisite number of in-service candidates not qualifying, should be diverted to open category candidates so that the seats are not wasted. The learned Advocate General for the State of Madhya Pradesh stated during the course of hearing that the third counselling is yet to be held and if an opportunity is allowed the State Government and the Authority holding examinations would be in a position to hold the Pre-PG Test and declare its results and complete the counselling in a period of about one month so that the seats in this year do not go a waste as they have gone for the previous year. He assured the Court that in the event of an opportunity being allowed the officials of the State and the Authority entrusted with the duty of holding examina­tions shall take up the task giving it top priority and accomplish the same within a period of one month or such other time as the Court may permit.

       Results

       The appeals are partly allowed and disposed of in terms of the following directions:-

       (1) The judgment of the High Court, to the extent to which conferral of benefit by grant of weightage to in-service candidates (i.e. doc­tors in the employment of State Government) on the basis of their service rendered in rural/tribal areas and also to the extent to which the reduced eligibility qualification for women candidates from out of in-service candidates have been annulled, is set aside.

       (2) The State Government shall frame fresh rules governing P.G. entrance examination and P.G. (in-service) admissions consistent with the law laid down hereinabove. The rules shall as far as possible be one set of rules framed by Medical Education department and Public Health and Family Welfare department in consultation with each other. If it is not possible to frame one set of rules then the two depart­ments may frame separate rules but care has to be taken to avoid any scope for confusion or inconsis­tency.

       (3) The eligibility for sponsorship of the 36 successful in-service candidates in the Pre-PG Entrance Examination 2003 shall be scruti­nized and decided ex post facto. A fresh entrance examination for the remaining seats meant for in-service candidates shall be held at the earliest and, in any case, within a period of one month from today. Such of the can­didates who participated in the Pre-PG Entrance Examination of the year 2002 and whose results have not been declared consequent upon the judgment of the High Court, would be allowed an ­opportunity of taking this examination relaxing the upper age limit, if required. The candidates who are otherwise eligible for ­taking the PG Entrance Test, 2003 shall also be allowed to ­participate. Such number of ­candidates shall be declared passed as is equivalent to number of seats meant and available for in-service candidates adjust­ing the number of candidates already declared successful, i.e., 36, subject to satisfying sponsorship ­criteria.

       (4) A consolidated merit list of successful in-service candidates shall be prepared. Such list shall include (i) the 36 candidates who have already been declared successful and have also satisfied the sponsorship criteria, and (ii) the candidates declared successful at the PG Entrance Test which will now be held for the remaining seats pursuant to this judgment. The consolidated list having been prepared, the order of merit shall be fixed by assigning weightage for rural service consistently with the prevalent rules and allowed participa­tion in counselling to the extent of available seats.

       (5) Counselling for in-service candidates shall be held as per the ­consolidated merit list of successful in-service candidates prepared in terms of the abovesaid directions. Counselling, if any already held for 36 in-service candidates shall be ignored and not given effect to.

       (6) If the required number of in-service eligible candidates do not qualify at the Pre-PG Examination now held, the seats so left vacant shall be diverted and made available for the open category candidates.

        (Paras 37 to 42)