Holding

The rule prescribing minimum qualifying marks of 50% for general and 40% for SC/ST candidates in the PG medical entrance examination is constitutionally valid and cannot be struck down.

Summary

The petitioners, doctors who had passed MBBS, challenged the Uttar Pradesh government's rule that required a minimum of 50% marks for general candidates and 40% for SC/ST candidates in the Post‑Graduate Medical Entrance Examination (PGMEE) 1992. They argued that the rule left 217 of 535 seats vacant and violated Article 14 of the Constitution. The Supreme Court held that the rule fixing minimum qualifying marks is valid, within the State's power, and does not infringe any fundamental right. While the Court dismissed the writ petitions, it suggested that the State Government may, at its discretion, relax the minimum marks for the 1992 admissions to fill vacant seats, provided academic standards are maintained. No mandamus was issued; the petitions were dismissed with no order as to costs.

Issues considered

Whether the rule fixing 50% (general) and 40% (SC/ST) minimum qualifying marks for admission to post‑graduate medical courses is violative of Article 14 of the Constitution.
Whether the State Government can be compelled by the Court to relax the minimum qualifying marks to fill vacant seats.
Whether the rule is within the legislative competence of the State under the Indian Medical Council Act.

Legislation cited

Constitution of Indias. Article 14
Indian Medical Council Acts. Section 33

Subjects

Post‑Graduate medical admissionMinimum qualifying marksReservationArticle 14EqualityState government powerMedical educationEligibility criteriaVacant seats

Judgment

OMBIR SINGH AND OTHERS ETC. ETC. A
~ v.
STATE OF U.P. AND ANOTHER ETC. ETC.

JULY 30, 1992

[LALIT MOHAN SHARMA AND N.M.KASLIWAL, JJ.) B

" Education-Post-Graduate Medical Entrance Examination-Percent-
.....' ' -J age of marks prescribed for admission-Legality of-Recommendation to
Government to relax to fill up the vacancies.
c
- Constitution of India, 1950-Article 14-Post-Graduate Medical
Entrance Examination-Different percentage of marks prescribed for students
of general and SC/ST categories-Legality of-Recommendation to Govern-
ment to relax to fill up the vacancies.
~.
The writ-petitioners-doctors, after passing the M.B.B.S. examina- D
tion, appeared for the Post-Graduate Medical Entrace Examination in the
year 1992. They were unsuccessful, as they secured less than 50% marks,
which were necessary for the students of general category and 40% marks
for SC/ST according to the rules for admission applicable for Post-
Graduate course. E
-, - The present writ petitions were filed challenging the rules for admis-
sion.

-:- The petitioners contended t.hat as a result of the application of the
admission rule a large number of seats remained vacant and in view of the F
observations made in Dr. Ambesh Kumar etc. etc. v. Principal, LLRM
-I_
~
Medical College Meerut and Ors. etc. etc., (1984] 1 SCR 661 such a situation
must be avoided and the remaining seats should be filled up by applying
different criteria; that there were 439 seats available in the General
category, out of which only 300 candidates secured minimum qualifying
marks, i.e. 50% marks and 139 seats were lying vacant; that in case of G
reserved category for SC/ST there were 96 seats out of which only 18
candidates secured 40% minimum qualifying marks and as such 78 seats
.... --<''\ were lying vacant; that in all 217 seats were lyi~g vacant; that there was a
great dearth of Post-Graduate doctors in the country and.it would not only
be a sheer wastage of money in paying salaries ind other emoluments to H
697
698 SUPREME COURT REPORTS (1992] 3 S.C.R.

A the teachers but also in the maintenance and upkeep of infra-structure
available for teaching in the various disciplines of Post-Graduate Courses;
and that it would not only be in the interest of the petitioners but also in
the national interest, if the vacant seats were filled by lowering the mini- ·
mum percentage of qualifying marks in the entrance examination;

B Dismissing the writ petitions, this Court,
,.
HELD: 1.01. So for as the validity of the admission rules fixing 50%
for the general category candidates and 40% marks for the SC/ST category
candidates to be obtained at the entrance examination as minimum
C qualifying marks for being eligible for admission to the Post-Graduate
medical courses, the same are not subject to any challenge. [700CJ

1.02. The rule laying down minimum qualifying marks for admission
to post-Graduate medical courses is legal and no exception can be taken
-
to the same. [7018)
D
1.03. Once having held that the rule prescribed by the State Govern-
ment laying down minimum qualifying marks in the entrance examinatidn
is valid and the State Government having followed the rule in granting
admission in Post-Graduate courses, it cannot be held that such action is
illegal. There is no infringement of any legal right much less of any
E fundamental right or the petitioners. (70381

Dr. Ambesh Kumar. etc. etc. v. Principal, LLRM Medical College,
Meerut and Ors. etc. etc., (1987) 1 S.C.R. 661, explained.

Ajay Kumar Agrawal and Others v;State of U.P. and others, (1991) 1
F S.C.C. 636 and State of Uttar Pradesh and Others v. Dr. Anupam Gupta etc.,
A.l.R. 1992 S.C.,932, referred to.

1.00:. The rule of minimum qualifying marks for admission to Post-
Graduate courses was in vogue for the last many years and large number 1
G of seats remained vacant in earlier years also. (702 CJ

1.05. It was for the State Government to have taken note of such
situation and to have amended the rules for admission so as to fill all the
seats available for Post-Gradu.ate courses. (702 DJ

H 1.06. The State Government is recommended to take suitable steps
OMBIR SINGH v. STATE OF U.P. [KASLIWAL, J.) 699

for redressing the long felt grievance of the doctors to fill up all the vacant A
seats for Post-Graduate courses and which would be a step in the larger
public interest also. The State Government may do so for admission to
Post-Graduate courses for 1992 and in that case, the State Government
would take immediate steps without any loss of time so that the candidates
may also join the 1992 academic session for Post-Graduate studies without
any disadvantage.· [703D]
B

1.07. The State Government would be free to issue fresh order
relaxing the requirement of minimum marks to such extent which may
meet the necessity of maintaining academic standards for admission to
Post-Gradu&te Courses as well as the regulations prescribed by the Medi- C'

- cal Council of India in this regard. This would be perfectly within the
powers of the State Government and would not be violative of Article 14
of the Constitution. The above observations relate only in respect of the
vacant seats of Post-Graduate courses of 1992 and not in relation to any
vacancies for the earlier years. [703F]
D
ORIGINAL JURISDICTION : Writ Petitions (Civil) Nos. 451, 454,
525, 545 of 1992.

(Under Article 32 of the Constitution of India).

Yogeshwar Prasad, Mrs. Rachna Gupta, Prashant Kumar, Pradeep ..E
Misra, Sudhir Kulshreshtra and Dr. Neena Raizada for the Petitioners.

Dr. Ghatate, R.B. Misra, Vishwajit Singh and Ajay K. Agrawal for

- the Respondents.

The Judgment of the Court was delivered by F

KASLIWAL, J. All the above writ petitions have been filed by the
doctors who after passing the M.B.B.S. examination, appeared for the
Post-Graduate Medical Entrance Examination (PGMEE) held by the
Lucknow University in the year 1992, but remained unsuccessful as they G
secured less than 50% marks which were necessary for the students of
general category and 40% marks for SC/ST according to the rules for
admission applicable for Post-Graduate course. On 14.7.1992 we passed a
detailed order and so far as the admission rul~s fixing 50% of the marks
to be obtained at the entrance examination as minimum qualifying marks
for admission to the Post-Graduate medical courses are concerned the H
700 SUPREME COURT REPORTS (1992) 3 S.C.R.

A same were held to be legal and it was further held that no exception can \
be taken to the same. It was however, contended on behalf of the ')-----
petitioners that as a re~ult of the application of the aforesaid _rule a large
number of seats have remained vacant and in view of the observations
made in Dr. Ambesh Kumar etc. etc., v. Principal LLRM Medical College
Meerut and Ors. etc. etc. [1987] 1 SCR 661 such a situation must be avoided
B and the remaining seats should be filled up by applying different criteria,
the cases were postponed for further hearing.

We have heard learned cousel for the parties and have thoroughly
gone through the record. So f~r as the validity of the admission rules fixing
C 50% marks for the general category candidates .and 40% marks for the
SC/ST category candidates to be obtained at the entrance examination as
minimum qualifying marks for being eligible for admission to the Post-
Graduate medical courses, the same are not subject to any challenge as we
have already held the same to be legal in our order dated 14.7.1922.
--
Learned counsel for the petitioners made strenuous effort to persuade us
D to take a different view, but they failed in the said attempt. It may be
further mentioned that this Court in Ajay Kumar Agrawal and Others. v.
State of U.P. and others, (1991] 1 SCC 636 observed as under : -

"It is not disputed that in Uttar Pradesh the prevailing practice
was a 50 per cent base for allowing Post Graduate Study to
E doctors with MBBS qualifications but taking their University
examination as the base without any separate selection test, it
is not the case of any of the parties before us that the selection

F
is bad for any other reason. We are of the view that it is in
general interest that the 50 per cent cut-off base as has been
adopted should be sustained." -
The matter again came up for consideration before this Court and ---A.
in State of Uttar Pradesh and Others v. Dr. Anupam Gupta etc., AIR 1992
S.C. 932, it was _held as under :

G ''Thus it could be seen that this Court consistently laid down
the criteria for conducting entrance examination to the post
graduate degree and diploma courses in Medicine and the best
among the talented candidates would be eligible for admission.
50% cut off marks was also held to be valid to achieve excel-
H lence in post graduate speciality. Accordingly we uphold the
OMBIR SINGH v. STATE OF U.P. [KASLIWAL, J.] 701

prescription of 50% cut off marks to general candidates and A
40% to SCs and STs together with 1.65% weightage of total
marks i.e. 50 marks in total in entrance examination as consitu-
tional and valid".

Thus, we further hold that any challenge to the above rule laying
down minimum percentage of marks for eligibility for admission to Post- B
Graduate courses is no longer res-integra.
---...(
Learned counsel appearing for the petitioners then submitted that
admittedly there were 439 seats available in the General category, out of
which only 300 candidates secured minimum qualifying marks i.e. 50% C

-- marks and 139 seats are lying vacant. Similarly in case of reserved category
for SC/ST there were 96 seats out of which only 18 candidates secured 40%
minimum qualifying marks and as such 78 seats are lying vacant. It has been
contended that in all 217 seats are lying vacant and large number of
Professors and Readers meant for imparting teaching in the various dis-
ciplines of Post-Graduate courses shall remain idle and the Government D
shall have to unnecessarily spend large funds for meeting their emoluments.
It was also submitted that there is a great dearth of Post-Graduate doctors
in the country and it would not only be a sheer wastage of money in paying
salaries and other emoluments to the teachers but also in the maintenance
and upkeep of infra-structure available for teaching in the various dis- E
ciplines of Post-Graduate Courses. It has been further submitted that it
would not only be in the interest of the petitioners but also in the national
interest if the vacant seats are filled by lowering the minimum percentage
of qualifying marks in the entrance examination. It has been submitted that
the number of seats lying vacant is not small but it is large being 217 out
of the total 535 seats. Learned .counsel for the petitioners in this regard F
placed reliance on the following observations made by this Court in Dr.
Ambesh &mar etc. etc. v. Principal, LLRM Medical College Meen.tt and Ors.
etc. etc., [1987] 1 SCR 661.

"It is pertinent to mention in this connection that the number
of seats allotted to each of the prescribed courses is on the G
basis of two seats per professor and there is a crying necessity ,
in the State for more experts in various disciplines in Medicine .
and Surgery etc. It is incumbent on the State Government to
see that all these seats earmarked for each of these disciplines
or courses are filled up. It appears from Annexure D to the ' H
702 SUPREME COURT REPORTS [1992) 3 S.C.R.

A petition in CA. No. 6119 of 1983 that quite a considerable
number of seats in various disciplines were kept vacant as the
applicants did not fulfil the elegibility qualification framed by
the State Government by its aforesaid order and as a result
several Professors and Assistant Professors who are meant for
imparting l.!aching in these disciplines were kept idle though a
B considerable fund had to be expended for meeting their emolu-
ments. It is for the State to consider and lo see that the seats
are fill~d up in all the disciplines and they are not left vacant
in spite of a large number of applicants applying for admission
in the various disciplines and the State Government has to
c evolve such criteria of eligibility that all the seats in different
M.D., M.S. degree and diploma courses are filled up".
I

We have given our thoughtful consideration to the aforesaid submis-
-
sion. It may be noted that the aforesaid rule of minimum qualifying marks
for admission to Post-Graduate courses was in vogue for the last many
D years and large number of seats remained vacant in earlier years also. It
~ for the State Goverment to have taken note of such situation and to
h~ve amended the rules for admission so as to fill all the seats available for
Post-Graduate courses. So far as any mandamus or direction to be given
by this Court is concerned, we refrain from doing so because this Court
E has repeatedly held that the rule laying down minimum qualifying marks
for admission to Post-Graduate medical courses is legal and no exception
can be taken to the same. Even in Dr. Ambesh Kumar's case (supra) the
rule laying down minimum of 55% and 52% marks in MBBS respectively
for admission to Post-Graduate degree and diploma courses was held to
be valid. An argument· was raised in the aforesaid case that the State
F Government had no power to lay down further eligibility qualification for
being considered for admission in the Post-Graduate courses, in addition
to the eligibility criteria laid down by the Medical Council in its regulations
but the aforesaid contention was negatived and it was held as under :-

"The order in question merely specifies a further eligibility
G quali_fication for being considered for selection for admission
to the· post-graduate courses (degree and diploma) in the
Medical Colleges in the State in accordance with the criteria
laid down by Indian Medical Council. This does not in any way
enciQ,ach upon the Regulations that have been. framed under
H the provisions of Section 33 of the Indian Medical Council Act.
OMBIR SINGH v. STATE OF U.P. [KASLIWAL, J.] 703

On the other hand in order to promote and further the deter- A
mination of standards in institutions for higher education, the
State Government who runs these colleges provide an addition-
al eligibility qualification".
-
Thus, we are clearly of the view that once having held that the rule
prescribed by the State Government laying down minimum qualifying B
marks in the entrance examination is valid and the State Government
having followed the aforesaid rule in granting admission in Post-Graduate
courses, it cannot be held that such action is illegal. There is no infringe-
ment of any legal right much less of any fundamental right of the
petitioners.

We can only recommend that the State Government may take
suitable steps for redressing the long felt grievance of the doctors to fill up
all the vacant seats for Post-Graduate courses and which would be a step
in the larger public interest also. The State Government may do so for D
admission to Post-Graduate courses for 1992 and in that case, the State
Government would take immediate steps without any loss of time so that
the candidates may also join the 1992 academic session for Post-Graduate
studies without any disadvantage. It is further made clear that in doing so
such candidates who having secured more than 50% marks and having
already been allotted the specialities would not be disturbed in any manner. E
The vacant seats would however be filled strictly in accordance with merit
in the entrance examination and according to the combined merit list of

- the whole State of Uttar Pradesh. The State Government would be free to
issue fresh order relaxing the requirement of minimum marks to such '
extent which may meet the necessity of maintaining academic standards for F
admission to Post-Graduate courses as well as the regulations prescribed
by t~e Medical Council of India in this regard. This, in our view, would be
perfectly within the powers of the State Government and would not be
violative of Article 14 of the Constitution. The above observations relate
only in respect of the vacant seats of Post~Graduate courses of 1992 and
not in relation to any vacancies for the earlier year~ of 1990 or 1991. With G

- the aforesaid observations, we dismiss all these petitions with no order as
to costs. The application for intervention No.2 in Writ Petition No.454 of
1992 also stands dismissed automatically.

V.P.R. Petitions dismissed;