State of M.P. vs Medical Council of India and Others

Bhawani Singh, C.J.

We propose to dispose of these appeals (LPA No. 157 of 2000 : State of Madhya Pradesh v. Medical Council of India, LPA No. 158 of 2000: State of M.P. v. Dr. Anurag and Ors. and LPA No. 159 of 2000 : State of M.P. and Ors. v. Dr. Naveen Kumar Dulhari and Ors.) by this common order since they pertain to admissions to Post Graduate courses in Medical Colleges in the State of Madhya Pradesh.

The State of Madhya Pradesh filed Writ Petition No. 3501 of 2000 against the Medical Council of India, out of which the LPA No. 157 of 2000 arises, questioning the communication dated May 29, 2000 (Annex. P3) whereby the request of the State Government to reduce the minimum qualifying marks for admissions to the Post Graduate course (s) in Medical Education for members of reserved categories has been declined by the Medical Council of India. In addition, direction was also sought for taking decision with regard to the fixation of qualifying marks for post graduate degree course (s) in Medical Education on lines of the communication addressed by the Chief Minister to the Medical Council of India.,

Learned Single Judge dismissed the writ petition in limne by decision dated June 23, 2000. For coming to the decision, (he learned Single Judge placed reliance on Apex Court decision in Dr. Preeti Srivastava v. State of M.P. AIR 1999 SC 2894 which says:

In the premises, the impugned Uttar Pradesh Post Graduate Medical Education (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1997 and G.O. dated 7.6.1997 of the Slate of Madhya Pradesh are set aside. However, students who have already taken admission and are pursuing courses of post-graduate medical study under the impugned Act/G.O. will not be affected. Our judgment will have prospective application. Further, pending consideration of this question by the Medical Council of India, the two States may follow the norms laid down by the Medical Council of India for lowering of marks for admission to the under-graduate MBBS medical courses, at the post-graduate level also as a temporary measure until the norms are laid down. This, however, will not be treated as our having held that such lowering of marks will not lead to a lowering of standards at the post-graduate level of medical education. Standards cannot be lowered at this level in public interest. This is a matter to be decided by an expert body such as the Medical Council of India assisted by its Post-Graduate Medical Education Committee in accordance with law.

The State has challenged this decision dated June 23, 2000 through this appeal seeking direction it has sought from the learned Single Judge. Other two appeals arise out of common judgment passed by the learned Single Judge in W.P. No. 3316 of 2000 Naveen Kumar Dulhani v. Medical Council of India and Ors. and W.P. No. 3199 of 2000 Dr. Anurag and Ors. v. State of M.P. and Ors. dated June 23, 20(X). By this judgment the writ petitions are allowed and the decision of the State of M.P. dated May 22, 20(X) has been set aside with a direction to the State of M.P. to make available seats which remain unfilled due to non-availability of reserved category candidates to the candidates of general category and the process of selection to be completed immediately so that the academic session of the students is not wasted.

For the current session, certain seats meant for reserved categories could not be filled for want of qualified candidates. The Petitioners (in W.P. No. 3316 of 2000 and W.P. No. 3199 of 2000) claimed that the said unfilled seats of reserved categories be filled by candidates belonging to general category. By communication No. F-5-63/99/55 Medical Education/1 dated May 22, 2000, it is directed that in case reserved seats remain unfilled after counselling, the same be not filled from general category candidates. However, steps be taken to fill up those seats after seeking direction from the Medical Council of India and the Central Government with respect to which the decision from Medical Council of India and the Central Government were awaited. This communication is issued after the request made by the Chief Minister to the President, Medical Council of India dated May 8, 2000 that percentage of qualifying marks for general category candidates be fixed at 35% and for reserved category 25% instead of 50% and 40% respectively. The Medical Council of India through communication DO No. MCT-34 (1)/2000-Med./5060 dated May 29, 2000, staled that the Executive Committee took decision in the matter of Post Graduate admissions and recorded the same in its communication for necessary action by the Stale Government. The decision of the Executive Committee quoted in the communication is as under:

''The Executive Committee perused the letter received from the Hon''ble Chief Minister of Stale of Madhya Pradesh Shri Digvijay Singh requesting the Council that the percentage of marks as qualifying marks which is fixed as 35% for general category and 25% for reserved category instead of 507r and 40% may be reviewed and re-fixed by the MCI in the interest of backward classes of the Stale.

The above mentioned request on behalf of the State of Madhya Pradesh was examined and considered by the Executive Committee in light of the judgment of the Hon''ble Supreme Court in the case of Dr. Preeti Srivastava v. Stale of Madhya Pradesh. The decision of the Council as per the direction of the Hon''ble Supreme Court in the case of Dr. Preeti Srivastava is still in process and is yet to be finalised. It had been clearly stipulated by the Hon''ble Supreme Court in the judgment in the case of Dr. Preeti Srivastava but till such time the council decides the issue finally as directed by the Hon''ble Supreme Court, the percentage of 507% for general category candidates and 40% for Scheduled caste category candidates as is being followed for admission in under-graduate (MBBS) course, shall be followed for admissions to post-graduate courses.

In view of this clear observation/direction of the Hon''ble supreme Court, the Executive Committee of the Council does not find itself in a position to accept the request on behalf of the State of Madhya Pradesh. This may be informed to the Stale Govt. accordingly.

It is clear from the decision of the Executive Committee to the Medical Council of India that no decision has been taken by the Medical Council of India as per directions of the Hon. Supreme Court of India in the case of Dr. Preeti Srivastava (supra) and the State Government is directed to maintain the same ratio of percentage of qualifying marks for general category and reserved category candidates as was followed for admissions in under-graduate course (s), as directed by the Hon. Supreme Court. Thus, the request of the State of Madhya Pradesh for lowering the qualifying marks for admission to post-graduate course (s) has not been accepted upto this lime. Consequently, the Stale of M.P. has to admit candidates in Post-graduate course(s) in the same manner, the admission to under-graduate (MBBS) course is done till the decision is taken by the Medical Council of India.

Learned Advocate General vehemently submitted that in the State of Madhya Pradesh, the population of socially disadvantaged classes is very high. Therefore, to provide them avenues in higher medical education, it is desirable that percentage of marks fixed in their cases is lowered to serve their cause, otherwise number of seats meant for them are likely to remain unfilled and go waste. On the other hand, the general category candidates have already been admitted to the extent of seats meant for them.

We are unable to appreciate the contention of the learned Advocate General. Perusal of Madhya Pradesh Medical and Denial Postgraduate Entrance Examination Rules, 2000 demonstrates that minimum qualifying marks for reserved category have been fixed at 40% as per (he decision of Supreme Court. It is undisputed that as per existing norms, the qualifying marks for reserved category candidates are 40% and for general category candidates, 50%; and in case the reserved category seats remain unfilled, they revert to general category. It is provided that no admission can be made after 2.7.2000 under any circumstance.

Fact remains that certain seats of reserved categories have remained unfilled. The Petitioners claim that they should be made available for general category candidates since the candidates of reserved categories arc not available. The State Government wants to fill up the unfilled seats by reserved category candidates by lowering down the percentage of qualifying marks. It is with this end that the Medical Council of India is requested to lower down the qualifying percentage of marks from 50% to 35% for general category candidates and from 40% to 25% for reserved category candidates. The demand for lowering down the qualifying percentage of marks for general category is of no utility as large number of candidates with high marks may be available. The purpose appears to be to justify reduction in the reserved category beyond this percentage of marks. We are of the considered view that this cannot be done. In paragraph 59, the Apex Court in the case of Dr. Preeti Srivastava (supra) has held that:

The States of U.P. and Madhya Pradesh have contended that if the minimum qualifying marks are raised in the case of the reserved category candidates, they will not be able to fill all the seats which are reserved for them. The purpose, however, of higher medical education is not to fill the seats which are available by lowering standards; nor is the purpose of reservation at the stage of post-graduate medical education merely to fill the seats with the reserved category candidates. The purpose of reservation, if permissible at this level, is to ensure that the reserved category candidates having the requisite training and caliber to benefit from post-graduate medical education and rise to the standards which arc expected of persons possessing post-graduate medical qualification are not denied this opportunity by competing with general category candidates. The general category candidates do not have any social disabilities which prevent them from giving of their best. The special opportunity which is provided by reservation cannot, however, be made available to those who are substantially below the levels prescribed for the general category candidates. It will not be possible for such candidates to fully benefit from the very limited and specialised post-graduate training opportunities which are designed to produce high calibre well trained professionals for the benefit of the public. Article 15(4) and the spirit of reason which permeates it, do not permit lowering of minimum qualifying marks at the post graduate level to 20% for the reserved category as against 45% for the general category candidates. It will be for the medical council of India to decide whether such lowering is permissible and if so, to what extent. But in the meanwhile atleast the norms which are prescribed for admission to the MBBS courses ought not to be lowered at the post-graduate level. The lowering of minimum qualifying marks for admission to the MBBS courses has been permitted by the Indian Medical Council upto 35% for the reserved category as against 45% for the general category. The marks can not be lowered further for admission to the post-graduate medical courses specially when at the super speciality level it is the unanimous view of all the judgments of this Court that there should be no reservations. This should also imply that there can be no lowering of minimum qualifying marks for any category of candidates at the level of admission to the super-specialities courses.

In light of the aforesaid decision of the Supreme Court., the Medical Council of India has to take decision and till it is taken, the percentage of qualifying marks already fixed by the Medical Council of India would be applicable for admission to the undergraduate (MBBS) medical courses and to the post-graduate level courses also. With this background, the direction sought by the Slate cannot be granted and is liable to be rejected. As per admission Rules, unfilled seats of reserved categories are to be filled from general category candidates. The admissions have to be completed by 2nd July 2000. Therefore, direction issued by the learned Single Judge is absolutely correct and is hereby maintained.

Consequently, the State is directed to give admissions to general category candidates against those seats which remained unfilled from reserved category candidates, before July 2, 2000. With this direction, all the three appeals fail and are hereby dismissed.