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High Court Of Madhya Pradesh
S. K. JHA, D. M. DHARMADHIKARI
RAJESH KUMAR SINGHAI - Appellant
Versus
STATE OF M.P. - Respondents
M. P. 3673 Of 1990
Decided On : 01/18/1992
MEDICAL ADMISSION - WEIGHTEGES OF MARKS - VALIDITY - RULES PROVIDING WEIGHTEGES OF MARKS FOR EXTRA CURRICULAR ACTIVITIES, RURAL SERVICE AND STERILIZATION OPERATIONS ARE INVALID - SUCH WEIGHTEGES ARE IRRELEVANT FACTORS FOR JUDGING MERIT OF CANDIDATES - PRINCIPLE OF ESTOPPEL CANNOT BE INVOKED AGAINST THE STATE IN SUCH CASES.
Fact of the Case:
Petitioners, employed as Assistant Surgeons in the State Government, sought admission to post-graduate (M.D./M.S.) courses in accordance with the rules called "M.P. Selection to Post-Graduation Courses (Clinical, Para-Clinical and Nonclinical Courses) in Medical College of M.P. Rules, 1984." The rules provided weightages of marks for extra curricular activities, rural service, and sterilization operations. The petitioners argued that these weightages were essential for their selection, and that the State's amendment to the rules, deleting the weightages, deprived them of a fair chance of admission.
Finding of the Court:
The court held that the weightages of marks for extra curricular activities, rural service, and sterilization operations were invalid, as they were irrelevant factors for judging the merit of candidates for admission to post-graduate medical courses. The court also held that the principle of estoppel could not be invoked against the State in such cases, as the rules of admission were not statutory in nature and were subject to change and amendment.
Issues: 1. Whether the weightages of marks for extra curricular activities, rural service, and sterilization operations were valid? 2. Whether the principle of estoppel could be invoked against the State in such cases?
Ratio Decidendi: 1. The court relied on the Supreme Court's decision in Dr. Dinesh Kumar v. Motilal Nehru Medical College, Allahabad, which held that weightages of marks for rural service and sterilization operations were irrelevant factors for judging the merit of candidates for admission to post-graduate medical courses. The court also noted that the weightages were only a small percentage of the total marks, and thus did not vitiate the selections for admission. 2. The court held that the principle of estoppel could not be invoked against the State in such cases, as the rules of admission were not statutory in nature and were subject to change and amendment. The court also noted that the State had acted on the basis of the directions of the High Court in deleting the weightages, and that the petitioners were not parties to the case in which those directions were given.
Final Decision: The court dismissed the petitions, holding that the petitioners were not entitled to the benefit of weightages of marks for extra curricular activities, rural service, and sterilization operations.
( 1 ) THE order passed in this petition shall also decide Misc. Petition No. 531 of 1991 (Dr. Sunil Kumar Gupta v. State of Madhya Pradesh), in which common questions of fact and law arise.
( 2 ) THE two petitioners, in the petitions before us are employed as Assistant Surgeons in the services of the State Government. They seek admission to post-graduate (M. D. / M. S.) courses in the Medical Colleges of the State in accordance with the terms and conditions contained in the admission rules called "m. P. Selection to Post-Graduation Courses (Clinical, Para-Clinical and Nonclinical Courses) in Medical College of M. P. Rules, 1984. " (hereinafter referred to as 1984 Rules' ). Under Rule 9. 5. (b), in addition to the total marks obtained by the candidates in the University examination of M. B. B. S. , for seats available for admission against Assistant Surgeon's quota, weightages of marks are provided, amongst other extra curricular activities, for doing rural service in the scheduled areas and for conducting sterilization operations.
( 3 ) ACCORDING to the petitioners, if these weightages of marks are added in accordance with 1984 Rules to the marks obtained by them in M. B. B. S. examinations, they have a fair chance of selection for admission to the post-graduate courses.
( 4 ) THE grievance of the petitioners is that the respondent authorities by making amendment to the 1984 Rules, vide notification dated 14-2-1990 (Annexure P-6) deleted Rules 8. 5 and 9. 5 which provided weightages of marks for extra curricular activities, rural service as also for sterilization operations. According to the petitioners, since under the amended rules the weightages of marks on various extra curricular activities, rural services and sterilization operations are being withdrawn, the petitioners have lost chance of their selection to the post-graduate- courses.
( 5 ) BEFORE discussing the contentions raised by the learned counsel appearing for the two petitioners, it is necessary to consider a few decisions of this Court on the question of validity of the admission rules containing the provisions for weightages of marks for extra curricular activities. A Division Bench of this Court in the case of Dr. Asha Pratibha Khalkho v. State of M. P. , 1989 MPLJ 140, upheld that validity of the rules providing for weightages of marks for extra curricular activities when the same were challenged by the doctors working in hospitals set up in urban areas under the E. S. I. Act. The contention of these doctors working in E. S. I. hospitals was that giving of such weightages for rural service and sterilization operations deprives them a fair chance of admission visa-vis Assistant Surgeon in the State services because the doctors working in E. S. I. hospitals, by virtue of their peculiar conditions of service, have no chance or occasion either to work in rural areas or to undertake sterilization operations. The Division Bench in the case of Dr. Asha Pratibha Khalho (supra) upheld the weightages of marks on the above factors holding that proportion of such marks for weightages to the total marks works out only to 1. 7%, that is much below 15% as was the matter before the Supreme Court in the case of Dr. Dinesh Kumar v. Motilal Nehru Medical College, Allahabad, AIR 1986 SC 1877 : 1987 All LJ 189. The Division Bench distinguished the case of Dr. Dinesh Kumar (supra) holding that weightages of marks up to 1. 7% do not vitiate the selections for admission.
( 6 ) THE 1984 Rules containing weightages of marks for second time, came for consideration when their validity was attacked in the case of Dr. Penil Sharad Kumar Doshi v. State of Madhya Pradesh, AIR 1990 MP 171, Indore Bench. The Division Bench in the above case, placing reliance on the decision in the case of Dr. Dinesh Kumar (supra) declared the provisions granting weightages of marks for extra curricular activities as invalid being an irrelevant consideration for selecting best meritori
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