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High Court Of Madhya Pradesh
G. P. Singh, C. J. and U. N. Bhachawat, J.
KUMARI NIVEDITA JAIN - Appellant
Versus
STATE OF MADHYA PRADESH - Respondents
Misc. Petn. Case 510 Of 1980
Decided On : 11/06/1980
MEDICAL ADMISSION - REGULATIONS - MINIMUM QUALIFYING MARKS - RELAXATION - VALIDITY - RESERVATION FOR SCHEDULED CASTES AND SCHEDULED TRIBES - REASONABLENESS - FUNDAMENTAL RIGHTS - ARTICLE 15(1), 15(4), 29(2) - ARTICLE 46 - MEDICAL COUNCIL ACT, 1956 - SECTION 33 - REGULATIONS - SECTION II(E) - ARTICLE 162 - EXECUTIVE POWER - CO-ORDINATION AND DETERMINATION OF STANDARDS IN INSTITUTIONS FOR HIGHER EDUCATION OR RESEARCH AND SCIENTIFIC AND TECHNICAL INSTITUTIONS - ENTRY 66 OF THE UNION LIST.
Fact of the Case:
The petitioner, a candidate for admission to medical colleges, challenged the order dated 9th September, 1980, by which the Government completely relaxed the condition relating to the minimum qualifying marks in respect of candidates belonging to the Scheduled Castes and the Scheduled Tribes. The petitioner also challenged the order dated 18th September, 1980, by which the government made a reservation of 3% of the seats for the children and grandchildren of freedom fighters.
Finding of the Court:
1. The Government's order relaxing the minimum qualifying marks for the categories of Scheduled Castes and Scheduled Tribes contravenes the regulations made under Section 33 of the Indian Medical Council Act, 1956. 2. The order is also violative of Ordinance No. 54 made by the University of Jabalpur. 3. The impugned order violates the petitioner's fundamental rights under Articles 15(1) and 29(2) of the Constitution and is not saved by Article 15(4) being wholly unreasonable and arbitrary. 4. The total relaxation of minimum marks for the candidates belonging to the Scheduled Castes and the Scheduled Tribes cannot be supported under Article 15(4) being violative of the regulations which have the force of law. 5. The reservation of 3% seats for the children and grand children of freedom fighters is reasonable and does not violate the petitioner's fundamental right under Article 14.
Issues: 1. Whether the Government's order relaxing the minimum qualifying marks for the categories of Scheduled Castes and Scheduled Tribes contravenes the regulations made under Section 33 of the Indian Medical Council Act, 1956? 2. Whether the order is also violative of Ordinance No. 54 made by the University of Jabalpur? 3. Whether the impugned order violates the petitioner's fundamental rights under Articles 15(1) and 29(2) of the Constitution and is not saved by Article 15(4) being wholly unreasonable and arbitrary? 4. Whether the total relaxation of minimum marks for the candidates belonging to the Scheduled Castes and the Scheduled Tribes can be supported under Article 15(4) being violative of the regulations which have the force of law? 5. Whether the reservation of 3% seats for the children and grand children of freedom fighters is reasonable and does not violate the petitioner's fundamental right under Article 14?
Ratio Decidendi: 1. The regulations made under Section 33 of the Indian Medical Council Act, 1956, have the force of law and cannot be violated by an executive order of the State Government. 2. The impugned order, by completely relaxing the condition of getting minimum qualifying marks for Scheduled Castes and Scheduled Tribes candidates, is violative of the regulations and cannot be upheld. 3. The Ordinance No. 54 made by the University of Jabalpur is also violative of the regulations and cannot be given effect to the extent it violates the regulations. 4. The impugned order violates the petitioner's fundamental rights under Articles 15(1) and 29(2) of the Constitution as it is wholly unreasonable and arbitrary. 5. The total relaxation of minimum marks for the candidates belonging to the Scheduled Castes and the Scheduled Tribes cannot be supported under Article 15(4) as it is violative of the regulations which have the force of law. 6. The reservation of 3% seats for the children and grand children of freedom fighters is reasonable and does not violate the petitioner's fundamental right under Article 14.
Final Decision: The petition is partly allowed. The order dated 9th September, 1980 (Annexure R-2) is quashed. There shall be no order as to costs. The security amount be refunded to the petitioner.
( 1 ) BY order dated 2nd April, 1980 the State Government made Rules for admission to 1st year M, B. B. S. course of medical colleges of Madhya Pradesh. These rules are not statutory. They were made in the exercise of the executive power of the State. The rules provide for holding of a Pre-Medical Examination for selection at candidates for admission to the Medical Colleges. The Pre-Medical Examination is held by a Board which is constituted by Rule 2. The selection for admission is made as provided in Rule 3 "from the merit-list prepared on the basis of the result of this examination. " No candidate can be admitted unless he has passed B. Sc. Part I or any equivalent examination. This is the minimum educational qualification prescribed by Rule 5 (1 ). Reservation of seats is provided for by Rule 7. There are 720 seats in all. Out of these, 15% seats are reserved for each of the categories of Scheduled Castes and scheduled Tribes candidates, which means that 108 seats are reserved for the scheduled Castes and the same number for the Scheduled Tribes, 3% seats are reserved for the children of military personnel; 3% seats are reserved for nominees of the Government of India and three seats are reserved for nominees of the Government of Jammu and Kashmir. The State Government can also nominate three candidates to a medical college in Jammu and Kashmir in exchange of seats reserved for the nominees of that State in Madhya Pradesh. The candidates appearing in Pre-Medical Examination have to secure minimum qualifying marks for admission. The minimum qualifying marks are 50% in the aggregate and 33% in each subject. For the Scheduled Castes and the Scheduled Tribes the minimum qualifying marks are 40% in the aggregate and 30% in each subject. The Board is authorised to relax the qualifying marks in the aggregate by 5% for all categories in case the required number of candidates for admission are not available. The Government has the power under the rules to make a special relaxation in the minimum qualifying marks to the extent considered necessary, in case, with relaxation granted by the board, the required number of candidates in the categories of Scheduled Castes and Scheduled Tribes are not available. The provision relating to minimum qualifying marks is made in Rule 20. The power of relaxation given to the Board and the State Government is contained in Note (i) and Note (ii), respectively, appended to Rule 20. Rule 20 along with the relevant notes reads as follows:
"20. Selection of candidates from amongst those who have appeared and qualified in the written examination shall be made strictly on merit as disclosed by the total number of marks obtained by a candidate in the Pre-Medical Examination. The minimum qualifying marks for admission to Medical Colleges shall be 50 per cent in the aggregate and 33 per cent in each subject separately. For Scheduled castes and Scheduled Tribes candidates, the minimum qualifying marks shall be 40 per cent in aggregate and 30 per cent in each subject separately. Note (i) In case required number of candidates for admission are not available according to above percentage of qualifying marks, the board shall have the power to lower the percentage up to 5 per cent in the aggregate for all categories of candidates. (ii) In case, with relaxation granted by the Board as above, the required number of candidates in the categories of Scheduled castes/scheduled Tribes are not available Government shall have the powers to grant special relaxation in the minimum qualifying marks to the extent considered necessary. "
( 2 ) RULE 9 of the Rules provides that a combined merit-list of all the categories of candidates except the candidates belonging to the Scheduled Castes and the scheduled Tribes shall be prepared and admissions granted to the eligible candidates according to merit so revealed subject to the reservations specified in Rule 7. Rule 9 further provides that "in case seats of reserv
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