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IN THE HIGH COURT OF ALLAHABAD
M. L. BHAT
ANUPAM GUPTA - Appellant
Versus
SECRETARY, MEDICAL HEALTH, LUCKNOW - Respondents
C. M. W. P. 3893 Of 1991
Decided On : 08/24/1991
MEDICAL ADMISSION - POST-GRADUATE COURSES - ELIGIBILITY CRITERIA - 50% MARKS FOR GENERAL CATEGORY CANDIDATES AND 40% MARKS FOR SCHEDULED CASTE AND SCHEDULED TRIBE CANDIDATES - VALIDITY - RESERVATION FOR SCHEDULED CASTE AND SCHEDULED TRIBE CANDIDATES - CONSTITUTIONALITY.
Fact of the Case:
The petitioners, who had secured less than 50% marks in the entrance examination for admission to postgraduate medical courses, challenged the eligibility criteria of 50% marks for general category candidates and 40% marks for scheduled caste and scheduled tribe candidates, as well as the reservation for scheduled caste and scheduled tribe candidates.
Finding of the Court:
1. The court held that the eligibility criteria of 50% marks for general category candidates and 40% marks for scheduled caste and scheduled tribe candidates was valid and did not violate any constitutional provisions. 2. The court also held that the reservation for scheduled caste and scheduled tribe candidates was constitutional and permissible under Article 15(4) of the Constitution of India. 3. However, the court directed the state government to fill up vacant seats in postgraduate medical courses with candidates who did not meet the eligibility criteria, in order to avoid keeping seats vacant and wasting resources.
Issues: 1. Whether the eligibility criteria of 50% marks for general category candidates and 40% marks for scheduled caste and scheduled tribe candidates for admission to postgraduate medical courses was valid. 2. Whether the reservation for scheduled caste and scheduled tribe candidates in postgraduate medical courses was constitutional. 3. Whether vacant seats in postgraduate medical courses should be filled up with candidates who did not meet the eligibility criteria.
Ratio Decidendi: 1. The court held that the eligibility criteria of 50% marks for general category candidates and 40% marks for scheduled caste and scheduled tribe candidates was valid because: - The state government had the authority to prescribe eligibility criteria for admission to postgraduate medical courses. - The criteria was not arbitrary or discriminatory, as it was based on merit and was necessary to ensure that only qualified candidates were admitted to the courses. - The criteria did not violate any constitutional provisions, including the right to equality. 2. The court held that the reservation for scheduled caste and scheduled tribe candidates in postgraduate medical courses was constitutional because: - Article 15(4) of the Constitution of India permits the state to make special provisions for the advancement of socially and educationally backward classes of citizens. - The reservation was necessary to promote the educational advancement of scheduled caste and scheduled tribe candidates, who had historically been denied access to higher education. - The reservation did not violate the right to equality, as it was a reasonable classification based on a legitimate state objective. 3. The court held that vacant seats in postgraduate medical courses should be filled up with candidates who did not meet the eligibility criteria, in order to avoid keeping seats vacant and wasting resources.
Final Decision: The court dismissed the petitions and upheld the eligibility criteria of 50% marks for general category candidates and 40% marks for scheduled caste and scheduled tribe candidates, as well as the reservation for scheduled caste and scheduled tribe candidates in postgraduate medical courses. However, the court directed the state government to fill up vacant seats in postgraduate medical courses with candidates who did not meet the eligibility criteria.
( 1 ) THESE two writ petitions raise identical questions of law and fact, therefore, they are being decided by a common judgment.
( 2 ) THE writ petitioner in Writ Petition No. 3893 of 1991 (Anupam Gupta) was stated that he passed M. B. B. S, examination from S. N. Medical College, Agra in the year 1989 having secured 61. 8% marks in the said examination. Thereafter, he did his internship from 1-11-1989 to 31-10-1990 from S. N. Medical College, Hospital, Agra and was registered with the State Medical Council, Uttar Pradesh, Lucknow. After the introduction of `residency scheme on 22-8-1989 which was notified in the Gazette on 25-11-89, the Post-Graduate and Diploma courses became of three years and two years duration respectively. House job was abolished. The admission to three years and two years courses is being done on the basis of competitive examination conducted by the State Government. The said examination is called entrance examination. The entrance examination was conducted on 30-9-90. The residency scheme - dated 22-8-89 or the press note (Annexure-2 to the writ petition) do not create a bar that the candidate should secure minimum 50% marks in the entrance test to secure admission to the post-graduate degree and diploma courses. When the petitioner filed his form for admission, the bar of 50% marks to secure admission in post-graduate course was not there.
( 3 ) THE press note which is Annexure-2 to the writ petition indicates that the candidates belonging to Scheduled Caste and Scheduled Tribe were entitled to weightage of 1. 65% of the maximum marks of the competitive entrance examination, that is 50% marks. The weightage meant for scheduled caste and scheduled tribe candidate to the extent of 1. 65% is not given by any Government order or notification under S. 28 (5) of the State Universities Act of 1973. Under S. 28 (5) of the U. P. State Universities Act regulation can be framed in the manner prescribed under that section and if the regulation is not framed u/s. 28 (5) of the Universities Act said regulation will not be valid. The provision of S. 28 (5) of the Universities Act regulates procedure for admission to various courses.
( 4 ) THE Government is said to have issued a notification dated 10-10-90 for the purposes of admission in post-graduate degree and diploma courses. This regulation is said to have been issued u/s. 28 (5) of the Universities Act. This notification also does not contain any clause to the effect that general category candidates are required to secure 50% marks for admission to the post-graduate and diploma courses. Copy of this notification is annexed as Annexure-3 to the writ petition. This notification does not also mention weightage of 1. 65% for the scheduled caste and scheduled tribe candidates. There is no valid rule which provides that for the candidates belonging to general category, 50% marks is a criteria for making such candidates eligible to seek admission in post-graduate and diploma courses and 40% marks is required in the case of candidates belonging to scheduled caste and schedule tribe for seeking admission to the said course. The information brochure of the Lucknow University for 1990 also does not contain any such restriction or differentiation for scheduled caste candidates and general category candidates. However, this information brochure states that extra weightage of 1. 65% marks shall be given to scheduled caste and scheduled tribe candidates. For the first time in the month of January, 1991, qualifying marks of 50% for general category candidates and 40% marks for scheduled caste and scheduled tribe candidates with additional weightage of 1. 65% of marks was introduced as a condition for eligibility to secure admission in post-graduate and diploma courses.
( 5 ) THE petitioner is said to have appeared in the entrance examination and has given his choice for M. S. Gynaecology and Obstetrics. He has secured 45. 6% marks in the said examination. As aga
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