JUDGMENT

KASLIWAL, J.:—All the above writ petitions have been filed by the doctors who after passing the M.B.B.S. examination, appeared for the Post-Graduate Medical Entrance Examination (PGMEE) held by the Lucknow University in the year 1992, but remained unsuccessful as they secured less then 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. On 14-7-1992 we passed a detailed order and so far as the admission rules fixing 50% of the marks to be obtained at the entrance examination as minimum qualifying marks for admission to the Post-Graduate medical courses are concerned the same were held to be legal and it was further held that no exception can be taken to the same. It was however, contended on behalf of the petitioners that as a result of the application of the aforesaid rule a large number of seats have remained vacant and in view of the observations made in Dr. Ambesh Kumar v. Principal, LLRM Medical College Meerut, (1987) 1 SCR, such a situation must be avoided and the remaining seats should be filled up by applying different criteria, the cases were postponed for further hearing.

2. We have heard learned counsel for the parties and have thoroughly gone through the record. So far as the validity of the admission rules fixing 50% marks for the general category candidates and 40% marks for the SC/ST category candidates to be obtained at the entrance examination as minimum qualifying marks for being eligible for admission to the Post-Graduate medical courses, the same are not subject to any challenge as we have already held the same to be legal in our order dated 14-7-1992. Learned counsel for the petitioners made strenuous effort to persuade us to take a different view, but they failed in the said attempt. It may be further mentioned that this Court in Ajay Kumar Agrawal v. State of U. P., (1991) 1 SCC 636 observed as under :

"It is not disputed that in Uttar Pradesh the prevailing practice was a 50 per cent base for allowing Post Graduate Study to doctors with MBBS qualifications but taking their University examination as the base without any separate selection test, it is not the case of any of the parties before use that the selection is bad for any other reason. We are of the view that it is in general interest that the 50 per cent cut-off base as has been adopted should be sustained."

3. The matter again came up for consideration before this Court and in State of Uttar Pradesh v. Dr. Anupam Gupta, AIR 1992 SC 932 , it was held as under :- (Para 9)

"Thus it could be seen that this Court consistently laid down the criteria for conducting entrance examination to the post graduate degree and diploma courses in Medicine and the best among the talented candidates would be eligible for admission. 50% cut off marks was also held to be valid to achieve excellence in post graduate speciality. Accordingly we uphold the prescription of 50% cut off marks to general candidates and 40% to SCs and STs together with 1.65% weightage of total marks i.e. 50 marks in total in entrance examination as consitutional and valid".

4. Thus, we further hold that any challenge to the above rule laying down minimum percentage of marks for eligibility for admission to Post-Graduate courses is no longer res-integra.

5. Learned counsel appearing for petitioners then submitted that admittedly there were 439 seats available in the General category, out of which only 300 candidates secured minimum qualifying marks i.e. 50% marks and 139 seats are lying vacant. Similarly 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 are lying vacant. It has been contended that in all 217 lying vacant and large number of Professors and Readers meant for imparting teaching in the various disciplines of Post-Graduate courses shall remain idle and the Government s