Whether there can be different cut off marks for general merit and in-service candidates in the common entrance test for admission to Post Graduate courses is the main issue arising for consideration in this case. There is also an issue as to the lower minimum for the SC/ST/OBC candidates. The case pertains to admission to the Post Graduate Degree/Diploma courses, 2006 under the Directorate of Medical Education, in the case of in-service candidates belonging to Scheduled Caste/Scheduled Tribe communities. Ext.P5 is the prospectus published on 14.12.2005.

The common entrance test was conducted on 11.2.2006 and Ext.P4 select list was published on 20.2.2006. The writ petition is filed on 7.3.2006. The contention of the petitioners is that as far as in-service candidates are concerned, without any distinction as to the community they belong to, all candidates should secure 50% marks. The contention of the respondents is that as per the Medical Council of India Post Graduate Medical Education Regulations, 2000, the candidates belonging to SC/ST and Other Backward Class (SEBC) need only secure 40% marks.

2. Regulation 9 reads as follows:-

“9. Selection of Post Graduate students