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Judgment
Y.R. Meena, Acting C.J.
Following prayers have been made in this petition, which is in the nature of a Public Interest Litigation:
(A) This Honourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature mandamus, or any other appropriate writ, order or direction declaring that the merit list for the academic year 2006 placed on the Notice Board of Gujarat University, PG Medical Admission Department be set aside and declared null and void.
(B) This Honourable Court may be pleased to restrain the respondent Admission Committee and the respondent Gujarat University from operating the OMD-14, OMS-14 Rules governing the admission to postgraduate degree and diploma medical courses other than M. Ch. And D.M. at the Affiliated Medical Colleges/Institutions.
(C) Pending admission hearing and till final disposal of present petition this Honourable Court may be pleased to stay the operation and implementation of the Rules, which are in violation of the Constitution of India and are known as IMD-14, OMS-14 Rules governing the admission to postgraduate degree and diploma medical courses other than M. Ch. And D.M. at the Affiliated Medical Colleges/Institutions.
(D) This Honourable Court may be pleased to direct the University to give admission to reserved category candidates, who have registered themselves for PG Courses in Gujarat University viz., SEBC/ST/SC Postgraduate Degree and Diploma Medical Courses other than M. Ch. And D.M. at the Affiliated Medical Colleges/Institutions for the academic year 2006 for remaining vacant seats of reserved category.
(E) The Honourable Court may grant the petitioner such other and further relief/s as deemed fit just and proper.
(F) The Honourable Court may provide for the costs of this petition.
In reply to the writ petition, respondent No. 4 denied all the allegations made and submitted that the admissions are given as per the Rules. The relevant part of the reply reads as under:
4.1 The Rules which governs the admission to Post-Graduate Degree and Diploma Medical Courses have been framed by the Expert Committee constituted by the Gujarat University. I submit that the members of the faculty of medicine and the Expert Committee so constituted, having considered the Rules framed by other Universities and having experience gained, resolved that the students at the Entrance test examination have to secure 50% of marks for being considered for admission to P.G. Course in Medicine.
4.2 I submit that as regards the students belonging to Scheduled Caste, Scheduled Tribe and Socially and Economically Backward Class (SEBC) it was resolved to grant them relaxation from 50% of marks to 40% of marks.
4.3 I submit that the candidate seeking admission against reserved category is required to obtain 40% of marks at the Entrance examination and no further relaxation is contemplated under the Rules.
I submit that the purpose in introducing the entrance test examination is to make evaluation of the candidate by common yardstick in the interest of selecting suitable candidates. For specialization in education, it is necessary that common entrance test examination is of certain standards and qualifying marks are prescribed for passing that examination. Strict evaluation is made in respect of general class candidates and they are required to obtain 50% of marks. There cannot be big difference in qualifying marks for reserved category candidates and general category candidates at the Post-Graduate level. It is in the public interest that reserved category students must come up to the level excellence which is fixed at 40% of marks. I submit that having considered the standard of excellence the Medical Council of India has determined 40% of marks for reserved category candidates. The standard cannot be relaxed any further.
I submit that the Supreme Court in AIR 1999 SC 2891 Dr. Priti Shrivastav v. The State of M.P. has also pronounced upon maintenance of certain standards for admission of the reserved category students. There is no breach of Articles 15(4) and 16 of the Constitution of India in prescribing the standards of 40% of marks and no relaxation can be given even though vacancies exists. No student of reserved category can avail of vacancy of general class candidate if he has not obtained 50% of marks.
The case of the learned counsel for the petitioner is that the minimum marks required for admission for General Category and Reserved Category students is 50% and 40% respectively and if General Category students securing 50% marks are not available, those vacant seats should be offered for admission to the Reserved Category students, even though they have secured less than 50% marks.
We see no substance in this argument of the learned counsel for the petitioner. There is no question of offering the vacant seats of General Category students to the Reserved Category students, who have secured less than 50% marks. Even otherwise, it is clarified by respondent no. 4 in paragraph 6 of the reply that no student of Reserved Category has obtained 50% of marks.
Since no student of Reserved Category has obtained 50% or more than 50% marks, there is no question of giving admission to students of Reserved Category against the seats of General Category.
No case is made out. Accordingly, the petition stands dismissed.
Consequently, Civil Application also stands dismissed.