Holding

The circular cancelling the minimum qualifying marks for SC/ST/OBC candidates is quashed; reserved seats must be filled only by candidates meeting the minimum marks, otherwise they revert to the general category.

Summary

The petitioners, general‑category medical graduates, challenged a Uttar Pradesh Government circular dated 31‑August‑1995 that removed the requirement of a minimum 35% qualifying mark for SC/ST/OBC candidates in the entrance test for postgraduate medical courses. They argued that the circular violated the Indian Medical Council Act, its regulations, and the constitutional guarantees of equality and due process. The Court examined whether the State could dispense with minimum qualifying marks for reserved‑category candidates and whether such action was consistent with the Medical Council’s standards that admissions should be based on merit. It held that the circular was ultra vires, as the State may reserve seats but cannot abandon the minimum qualifying mark requirement for reserved categories. Consequently, the circular was quashed and the Court directed that any unfilled reserved seats be offered to general‑category candidates. The writ petition was allowed and disposed of with the above directions.

Issues considered

The State Government may reserve seats for SC/ST/OBC candidates in postgraduate medical courses.
Whether the State can dispense with the minimum qualifying marks requirement for reserved‑category candidates.
Whether the circular is consistent with the Indian Medical Council Act and its regulations.
Whether the circular violates Articles 14, 15 and 21 of the Constitution.

Legislation cited

Indian Medical Council Act, 1956s. 20, s. 33

Subjects

reservationpostgraduate medical admissionminimum qualifying marksmeritIndian Medical Council ActArticle 14Article 15Article 21SC/ST/OBCwrit petitionArticle 32

Judgment

A DR. S;WHNA DEVI AND ORS.
v.
STATE OF U.P. AND ORS.

FEBRUARY 19, 1997

B [B.P. JEEVAN REDDY AND SUHAS C. SEN, JJ.)

Constitution of Indi1r-A1ts. 14, 15, 21.

Indian Medical Council Act, 1956 & Indian Medical Council (Amend-
C ment) Act, 1993-Ss. 20 & 33.
Reservation of seats for SC/ST/OBC candidates in post graduate medi-
cal degree/diploma courses-Govt. circular cancelling the need of
SC/ST!OBC's to score even the minimum marks in the entrance test to the
reserved seats struck down when State Govt. itself has prescribed an entrance
D test and the minimum marks required for SC!ST!OBCs and merit is
sacrificed-Unfilled seats in the reserved quota to be given to general category
candidates.

The Writ Petition filed by general category candidates aspiring for
seats in the Post Graduate Medical courses challenges the circular/letter
E of the State Govt. cancelling the need for SC/ST/OBCs for whom seiits are
reserved, from obtaining even the minimum marks prescribed in the
entrance test. It was submitted by the Petitioners that the norms/guidelines
set by the Indian Medical Council Act and the Post Graduate Medical
Education Committee was violated, by the circular.
F
Allowing the Writ Petition, this Court

HELD : 1. The decision contained in the letter dt. 31.8.95 addressed
by the Principal Secretary, Uttar Pradesh Govt. to the Director General,
Medical Education and Training, Uttar Pradesh directing that there
G shall be no minimum qualifying marks for SC/ST/OBC candidates in the
written examination for admission to Post Graduate and diploma
courses is quashed. It is directed that if the seats reserved for
SC/ST/OBC candidates cannot be filled up on account of failure of the
of the candidates belonging to these categories to obtain the minimum
H qualifying marks then such seats should be made available to the
186
SADHANADEVIv. STATE 187

candidates belonging to the general category. [198-A-C] A

2. The Govt. having laid down a system for holding admission tests,
is not entitled to do away with the requirement of obtaining the minimum
qualifying marks for the special category candidates. It is open to the Govt.
to admit candidates belonging to the special categories even in a case B
where they obtain lesser marks than the general candidates provided they
have got the minimum qualifying marks to fill up the reserved quota of
seats for them. [196-C]

3. There can be no doubt that the State may, if it feels necessary to
do so, encourage tlie backward classes by reserving seats at the under- C
graduate level for persons belonging to SC, ST and OBCs. There is
reservation as to whether this policy of reservation can be extended to
post-graduate level. [196-G]

4. The right of the State Govt. to reserve admission to Post Graduate D
Medical Courses for SC/ST and members of OBC classes is not in dispute.
The only dispute is that whether the State Govt. is entitled to do away
altogether with the system of obtaining minimum qualifying marks for
getting admission to these courses. By the impugned circular the State
Govt. has dispensed with the requirement of obtaining at least 35% marks
in the written examination held for admission to Post Graduate degree and E
diploma courses. The Medical Council has not laid down that for the
purpose of admission to Post Graduate medical courses, a further test
will have to be conducted nor has it laid down any qualifying marks which
. will have to be obtained in such tests. The Council was entitled to enhance
the minimum qualification for admission to the post graduate courses. But F
' the Council has not done that. There may be more candidates than seats
available for admission to the postgraduate courses. For this purpose the
State Govt. decided to hold test for selection among eligible candidates. By
reserving seats in these courses for certain categories of persons the State
GoVt. has departed from the norm of merit being the only criterion for
selection. Eligible candidates of lesser merit may be admitted to the post G

-- graduate courses if they belong to any of the three categories mentioned
in the Govt. notification. But what is essential is that even the candidates
of the three special categories must have an MBBS degree and must obtain
the requisite marks in the test to gain admission to MS, MD and other
courses. Here the State Govt. has drawn a distinction between the special H
188 SUPREME COURT REPORTS [1997] 2 S.C.R.

A category of candidates and candidates belonging to the open category. All I

the candidates seeking admission to post graduate medical courses will
have to pass a further test. The MBBS degree obtained by the candidates
is the minimum qualification required for taking the test. Even thereafter,
the candidates will have to secure a minimum percentage of marks in the
admission test to qualify for admission to the post graduate medical
B
courses. If in the test, the special category candidates obtained lesser than
the general category candidates, even then they will be eligible for admis-
sion within their reserved quotas provided they have secured the minimum
qualifying marks in the admission test. They do not have to compete
equally with the candidates belonging to the general category.
c [192-C, 194-F-H, 195-A-C]
5. But the State Govt. has gone one step further. It has now laid down
that it will not be necessary for the special category candidates to obtain
even the minimum qualifying marks in the admission tests in order to gain
admission to the post graduate medical courses. In other words, the seats
D reserved for the three special categories of candidates will be filled up by
candidates belonging to these special categories even if they fail to obtain
the minimum qualifying marks in the tests held. In other words, the can-
,didates belonging to the three special categories who have passed the
MBBS examination will have to take the test for admission to post graduate
E medical courses but that will be an idle formality because they will qualify
for admission to post graduate medical courses even though they do not
secure the minimum qualifying marks in the tests. This rule comes in
conflict with the direction given by the Post Graduate Medical Education
Committee that students for post graduate training should be selected
strictly on merit. It was open to the State Govt. to say that selection to the
F post graduate medical courses should be made on the basis of performance
of the candidates in the MBBS examination only. But the State Govt. has
chosen to hold a test among the persons who have passed the MBBS
examination in order to select candidates for post graduate courses. It has
laid down minimum qualifying marks for admission. Candidates belonging
to the three special categories who secure the minimum qualifying marks
G will have to be admitted so long as their quota of seats is not filled up. But
if the special category candidates fail to secure the minimum marks in the
tests held, it is not open to the Govt. to say that even then the special
category of candidates must be selected for the post graduate courses. If
this,.is done the merit will be sacrificed altogether.
H [195-D·H, 196·A·B]
SADHANADEVIv. STATE[SEN,J.] 189

State of M.P. v. Kumari Nivedita Jain, [1982) 1 SCR 759; Ajai Kumar A
Singh and Ors. v. State of Bihar and Ors., [1994) 4 SCC 401; Dr. Jagadish
Saran and Ors. v. Union of India, [1980) 2 SCC 768; Dr. Pradeep Jain and

- Ors. v. Union of India and Ors., [1984) 3 SCC 654, relied on.

Mohan Bir Singh Chawla v. Punjab University, Chandiga1h, (1996) 9
SCALE 351, referred to. B
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 679 of
1995.

(Under Article 32 of the Constitution of India).
c
K.V. Venkataraman and K.R. Nambiar for the Petitioners.

Ms. Kamakshi S. Mehlawal and M.C. Dhingra for the Respondent
No. 1-2.

Lakshmi Raman Singh for the Respondent No. 3. D

The Judgment of the Court was delivered by

SEN, J. The petitioners are medical graduates. They are desirous of
getting admitted to Post Graduate Courses. Some of the petitioners took E
the test conducted by the Government of Uttar Pradesh in January, 1995
for admission to Post Graduate Courses in Medicine and Surgery. The
others wanted to take the examination to be held in January, 1996. They
have moved this Writ Petition under Article 32 of the Constitution to
challenge a notification issued by the U.P. Government providing for
reservation for SC/ST/OBC candidates in Post Graduate Speciality and F
Super-speciality Courses such as M.D. and M.S. The main contention is
that this notification violates the fundamental right of the petitioners under
Articles 14, 15 and 21 of the Constitution.

It may be noted that a similar Writ Petition was earlier moved
challenging the reservation of seats for SC/ST/OBC candidates for admis- G
sion to Post Graduate Courses in Medicine by some other persons. That
Writ Petition (W.P. No. 771 of 1994) was heard along with another Writ
Petition (W.P. No. 631 of 1994 Ashok Kumar Thakur v. State of Bihar).
There the challenge was to the criteria followed by the State of Bihar for
determining the creamy layer among the backward classes. The criteria H
190 SUPREME COURT REPORTS (1997] 2 S.C.R.

A followed by the States of Bihar and Uttar Pradesh in determining the
creamy layer was struck down by a judgment dated 4th September, 1994.
In the aforesaid two cases, however this Court did not have to consider the \

B
question of reservation to Post Graduate Courses in Medicine. Liberty was
given to raise the question in apropriate proceedings in the following
manner:
-
"Mr. Venugopal, the learned Counsel appearing for the Petitioners
stated that there are various other law points of this Writ Petition .,..._
which were not raised and he sought liberty to raise the same in \
appropriate proceedings, if necessary. We order accordingly." I
c Pursua~t to the liberty granted in the aforesaid judgment this Writ
Petition has now been moved. The petitioners contend that they belong to
open category. They are all from the State of Uttar Pradesh. They have
completed their M.B.B.S. Course. Petitioners 1, 2 and 3 have already taken
their Post Graduate Medical Entrance Examination held in January, 1995.
D They have been successful in getting the qualifying marks in the examina-
tion and are likely to be called for 'Counselling'. Petitioners 4 to 6 are
medical graduates who intended to take the examination to be held in
January, 1996.

In the State of Uttar Pradesh by virtue of executive instructions
E issued from time to time the following reservations have been made for
admission to Post Graduate Degree and Diploma Courses ;

Scheduled Castes 21 %

Scheduled Tribes 2%
F
Backward Classes 27%

This practice has been in force for some time. What gives rise to the
present dispute is a circular/letter dated 31.8.95 written by the Principal
Secretary, U.P. Government, to the Director General Medical Education ,'
G and Training, Uttar Pradesh. In that circular, requirement of minimum
qualifying marks, which was 35% for the written examination, has been
,
i

cancelled for the reserved seats. The contention of the petitioners is that J
even if these special category candidates fail to score any mark in the test, (
they will be eligible for admission as long as there are. vacancies in the
H special categories. I

I '
'
SADHANADEVIv. STATE[SEN,J.] 191

It has been contended on behalf of the petitioners that the ultimate A
power to fix norms and standards for admission to medical colleges vests
in Medical Council of India under the Indian Medical Council Act, 1956
• read with Indian Medical Council (Amendment) Act, 1993. So far as
admissions to medical colleges are concerned, the Regulations framed by
the Medical Council of India under Section 33 of the Act will prevail over B
any law or executive instructions made by any State Government.

The ultimate power to fix norms for admission to post-graduate
medical courses vests in the State Government Section 20 of the Act states
that the Medical Council may prescribe standards for Post Graduate
Medical Education for the guidance of Universities and may advise Univer- C
sities in the matter of securing uniform standards for Post Graduate
Medical Education throughout India. For this purpose the Central Govern-
ment has been empowered to constitute a Post Graduate Medical Educa-
tion Committee. The Committee had gone into the matter of admission to
Post Graduate courses and recommended that the students of Post D
Graduate training should be selected strictly on merit judged on the basis
of academic record in the under-graduate courses. All selections for post
graduate courses should be conducted by the Universities. The executive
instructions of Uttar Pradesh Government have done away with the re-
quirement of obtaining the minimum qualifying marks in the written ex-
amination for admission to post-graduate medical courses for the E
candidates of reserved categories and are not in consonance with the
guidelines set by Medical Council of India.

When this Writ Petition was moved, notice was issued confined to
the question whether removing the minimum marks altogether for the F
SC/ST/OBC candidates by the Government of U.P. vide letter dated 31st
August, 1995 was permissible in law. Time was allowed for filing counter
affidavit. On 25th October, 1996 time to file counter affidavit was extended
by six weeks finally and it was directed that the matter would be disposed
of on tl;ie next date of hearing.
G
However, when the matter was taken up on 13.12.96, it was found
that counter affidavits had not been filed. Time to file counter affidavit was
extended once again with the following directions:

"List the matter on 24.1.97. No further time shall be granted. H
192 SUPREME COURT REPORTS [1997] 2 S.C.R.

A Meanwhile, counter affidavits, if any, may be filed by the State
of U.P. and Medical Council of India."

However, no counter affidavit had been filed by t.he respondents even
when the case was taken up for hearing on 24.1.97.

B The right of the State Government to reserve admission to Post
Graduate Medical Courses for SC/ST and members of OBC classes is not
in dispute. The only dispute is that whether the State Govermvent is
entitled to do away altogether with the system of obtaining minimum
qualifying marks for getting admission to these courses. By the impugned
C circular the State Government has dispensed with the requirement of
obtaining at least 35% marks in the written examination held for admission
to Post Graduate Degree and Diploma Courses.

The validity of this circular has to be judged bearing in mind the
various de~isions given by this Court from time to time in the matter of
D admission to post-graduate courses.

In the case of State of M.P. v. Kumari Nivedita Jain, [1982] 1 SCR
759, 15% of the seats for various categories of medical courses in Madhya
Pradesh had been reserved for Scheduled Castes and Schedukd Tribes
E candidates which meant out of 7'20 available sets, 108 seats were reserved
for Scheduled Castes and another 108 seats were reserved for Scheduled
Tribes. When the result of Pre-Medical Examination was published only
18 seats in the category of Scheduled Castes and 2 seats in the category of
Scheduled Tribes could be filled because the other candidates could not -
'
acquire the qualifying marks laid down under Rule 20. 90 seats remained
F vacant in the reserved category for the Scheduled Castes. Likewise, 106
seats remained vacant in the category of seats reserved for the Scheduled
Tribes. Thereafter, the Government relaxed the requirement of qualifying
marks by 7%. As a result of this seven more candidates in the category of
Scheduled Castes and one more in the category of Scheduled Tribes got
G admitted. Faced with the situation that even after relaxation a large number
of seats reserved for Scheduled Castes and Scheduled Tribes remained
vacant, the State Government passed an order on 9th September, 1980 for
completely relaxing the condition relating to the minimum qualifying marks
for these two categories. The Government Order was as under :

H "The Government has taken a decision that the candidates belong-
·-....(
\
SADHANADEVIv. STATE[SEN,J.) 193

ing to the Scheduled Castes and Scheduled Tribes be admitted to A
the Medical Colleges in the seats reserved for them in accordance
with the merit to be determined on the basis of the marks obtained
by them in the Pre-Medical Examination and that for this purpose,
the condition relating to the obtaining of minimum qualifying
marks be removed."
B
The High Court held that the orde~ violated Regulations of the
Central Medical Council. The executive power of the State under Article
162 could not be exercised so as to override the statutory provisions,
especially when the said provision was in a field occupied by the Union
List. It was observed that the executive power could be used to supplement C

- a law but not to supplant it. The High Court observed that the total
relaxation of minimum marks for the candidates belonging to these
reserved categories could not be supported under Article 15(4) being
violative of the Regulations framed by the Medical Council.

D
This Court, on appeal after referring to the provisions of the Indian
Medical Council Act reversed the decision of the High Court and held :

"Regulation I prescribes the eligibility of a candidate for admission
to medical courses. For maintaining proper standards in medical
colleges and institutions it comes within the competence of the E
Council to prescribe the necessary qualification of the candidates
who may seek admission into the Medical Colleges .......... On the
other hand the language in Regulation II which relates to selection
of candidates clearly goes to indicate that tl:~e Council itself appears
to have been aware of the limitation on its powers to frame any p
such regulation regarding the procedure or process of selection of
candidates for admission to the Medical Course out of the can-
didates qualified or eligible to seek such admission ...... The Coun-
cil itself appears to have apprehended that what is contained in
Regulation II is merely in the nature of a recommendation and
this is evident from the language used in Regulation II particularly G
when the same is contrasted with the language used by the Council
in Regulation I. Regulation II begins with the words "selection of
students in a medical college should be based solely on merit". We
are of the opinion that the use of words "should be" in Regulation
II is deliberate and is intended to indicate the intention of the H
194 SUPREME COURT REPORTS [1997] 2 S.C.R.

A Councii'that it is only in the nature of a recommendation."

It was held that the authority of the Council extended to the sphere
of maintaining proper medical standards in the medical colleges or institu-
tions necessary for obtaining recognised medical qualifications. It was open
to the Council to lay down the minimum educational qualifications re-
B quired of a student for getting admission into a medical college. In other
words, the eligibility of a candidate who may seek to get admission· into a
medical college for obtaining recognised medical qualifications may be
prescribed by the Council. But how the selection was to be made out of
the eligible candidates for admission into the medical college was a matter
C which had necessarily to depend on circumstances and conditions in a
particular State.

It was further held, "Though the question of the eligibility for admis-
sion into the medical college curriculum may come within the power and
jurisdiction of the Council, the question of selection of candidates out of
D the candidates eligible to undergo the medical course does not appear to
come within the purview of the Council. The process of selection of
candidates for admission to a medical college out of the candidates eligible
for admission for filling up the limited vacancies had no real bearing on
the question of eligibility or qualification for admission or on the standards
E of medical education."

The Medical Council has not laid down that for the purpose of
admission to post-graduate medical courses, a further test will have to be
conducted nor has it laid down any qualifying marks which will have to be
obtained in such tests.
F
The position in law that emerges from this Judgment is that all
candidates who have successfully completed their MBBS course are
eligible for admission to post-graduate medical courses. The Council was
entitled to enhance the minimum qualification for admission to the post-
graduate courses. But the Council has not done that. There may be more
G candidates than seats available for admission to the post-graduate courses.
For this purpose, the State Government decided to hold tests for selection
among the eligible -candidates. By reserving seats in these courses for
certain categories of persons the State Government has departed from the
norm of merit being the only criterion for selection. Eligible candidates of
H lesser merit may be admitted to the post-graduate courses if they belong
SADHANADEVlv. STATE[SEN,J.) 195

to any of the three categories mentioned in the Government Notification. A
But what is essential is that even the candidates of the three special
categories must have an MBBS degree and must obtain the requisite marks
in the test to gain admission to MS, MD and other courses. Here, the State
Government has drawn a distinction between the special category of can-
didates and candidates belonging to the open category. All the candidates B
seeking admission to post-graduate medical courses will have to pass a
further test. The MBBS degree obtained by the candidates is the minimum
qualification required for taking the test. Even thereafter, the candidates
will have to secure a minimum percentage of marks in the admission tests
to qualify for admission to the post-graduate medical courses. If in the test,
the special category candidates obtained lesser marks than the general C
category candidates, even then they will be eligible for admission within
their reserved quotas provided they have secured the minimum qualifying
marks in the admission test. They do not have to compete equally with the
candidates belonging to the general category.

But the Government has gone one step further. It has now laid down
D
that it will not be necessary for the special category candidates to obtain
e-;en the minimum qualifying marks in the admission tests in order to gain
admission to the post-graduate medical courses. In other words, the seats
reserved for the three special categories of candidates will be filled up by
1
the candidates belonging to these three special categories even if they fail E
to obtain the minimum qualifying marks in the tests held. In other words,
the candidates belonging to the three special categories who have passed
the MBBS examination will have to take the test for admission to post-
graduate medical courses but that will be an idle formality because they
will qualify for admission to the post-graduate medical courses even though F
they do not secure the minimum qualifying marks in the tests.

In our view, this rule comes in conflict with the direction given by
the Post Graduate Medical Education Committee that students for post-
graduate training should be selected strictly on merit. It was open to the
State Government to say that selection to the post-graduate medical cour- G
ses should be made on the basis of the performance of the candidates in
the MBBS examination only. But the State Government has chosen to hold
a test among the persons who have passed the MBBS examination in order
to select candidates for post-graduate courses. It has laid down minimum
qualifying mar ks for admission. Candidates belonging to the three special H
196 SUPREME COURT REPORTS [1997) 2 S.C.R.

A categories who secure the minimum qualifying marks will have to be
· admitted so long as their quota of seats is not filled up. But if the special
category candidates fail to secure the minimum marks in the tests held, it
is not open to the Government to say that even then the special category
of candidates must be selected for the post-graduate courses. If this is
B done, the merit will be sacrificed altogether.
In our view, the Government having laid down a system for holding
admission tests, is not entitled to do away with the requirement of obtaining
the minimum qualifying marks for the special category candidates. It is
open to the Government to admit candidates belonging to the special
C categories even in a case where they obtain lesser marks than the general
candidates provided they have got the minimum qualifying marks to fill up
the reserved quota of seats for them.

This Court had occasion to go into this question in the case of Ajai
Kumar Singh and Others v. State of Bihar and Others, [1994) 4 SCC 401, in
D which one of us (B.P. Jeevan Reddy, J.) was a member. It was held in that
case, after considering the judgment of this Court in the case of State of
M.P. v. Kumari Nivedita Jain, (supra), that the State will regulate the
admission policy and at the same time adhere to the standards determined
by the Indian Medical Council. It was further observed in that case that
E the impugned provisions of State of Bihar provided a uniform eligibility
criterion of 50 per cent for general candidates and for candidates belonging
to "other backward classes" and 40 per cent for members of Scheduled
Castes and Scheduled Tribes. Only when students in requisite number were
not available, the said criterion was reduced to 40 and 30 per cent respec-
tively. The small distinction in eligibility criteria can, by no stretch of
F imagination, be said to impinge upon the determination or coordination of
standards in institutions of higher learning.

There can be no doubt that the State may, if it feels necessary to do
so, encourage the backward classes by reserving seats at the under-
G g;·aduate level for persons belonging to Scheduled Castes, Scheduled
Tribes and other backward classes. We have some reservation as to
whether this policy of reservation can be extended to the post-graduate
level. It was held in the case of Dr. Jagdish Saran and Others v. Union of
India, [1980) 2 SCC 768, that :

H "The basic medical needs of a region or the preferential push
SADHANADEVlv. STATE[SEN,J.) 197

justified for a handicapped group cannot prevail in the same A
measure at the highest scales of speciality where the best skill or
talent, must be hand-picked by selecting according to capability.
At the level of Ph.d., M.D., or levels of higher proficiency, where
international measure of talent is made, where losing one great
scientist or technologist in-the-making is a national loss, the con- B
siderations we have expanded upon as important lose their poten-
cy ............ We may here extract the Indian Medical Council's
recommendation, which may not be the last work in social wisdom
but is worthy of consideration :

"Students for post-graduate training should be selected strictly on C·
merit judged on the basis of academic record in the undergraduate
course. All selection for post-graduate studies should be conducted
by the universities."

The importance of merit being the only criterion for admission to D
post-graduate medical courses viz. MD, MS and the like was also em-
phasised in the case of Dr. Pradeep Jain and Others v. Union of India and
Others, [1984] 3 SCC 654.

But this line of inquiry need not detain us here in this case .because
the case of the petitioners is not that there should be no reservation for E

- the candidates belonging to the three special categories mentioned
hereinabove at the post-graduate level. Their contr.ntion is that c'andidates
belonging to the three special categories must be able to secure the
minimum qualifying marks in the admission tests in order to gain admission
to post-graduate medical courses. If they fail to secure even the minimum p
qualifying marks, then the seats reserved for them should not be allowed
to go waste but should be made available to the candidates belonging to
general category. This contention must be upheld. Otherwise, to borrow
the language used in Dr. Jagdish Saran Case (supra), this will be a "national
loss".
G
Before we part with this case, we may refer to another judgment of
this Court in Mohan Bir Singh Chawla v. Panjab -University, Chandigarh,
(1996) 9 SCALE 351, in which it was observed after a review of the case
law that "the higher you go, in any discipline, lesser should be the reser-
vations - of whatever kind". H
198 SUPREME COURT REPORTS [1997] 2 S.C.R.

A In that view of the matter, this writ petition succeeds. The decision
contained in the letter dated 31.8.1995 addressed by the Principal
Secretary, Uttar Pradesh Government to the Director General, Medical
Education and Training, Uttar Pradesh directing that there shall be no
minimum qualifying marks for Scheduled Castes/Scheduled Tribes/Other
B Backward Classes candidates in the written examination for admission to
post-graduate and diploma courses is quashed. It is directed that if the
seats reserved for SC/ST/OBC candidates cannot be filled up on account
of failure of the candidates belonging to these categories to obtain the
minimum qualifying marks, then such seats should be made available to the
candidates belonging to the general category.
c This writ petition is disposed of with the above direction. There will
be not order as to costs.

I.M.A. Petition disposed of.