Gupta & Ors Vs. State of Punjab & Ors  INSC 368 (9 December 1987)
RANGNATH MISRA RANGNATH OZA, G.L. (J) VENKATACHALLIAH, M.N. (J)
1988 AIR 481 1988 SCR (2) 244 1988 SCC (1) 258 JT 1987 (4) 613 1987 SCALE
Entrance Examination for admission to the M.B.B.S./ B. D. S. Courses-Lowering
of percentage of pass marks for the scheduled castes and scheduled tribes
candidates for admission thereto challenged.
One hundred seats out of the total seats available in the M.B.B.S./B.D.S.
courses were reserved for the Scheduled Castes and Scheduled Tribes candidates,
for whom the Indian Medical Council had prescribed by its Regulation II a
minimum of 40 per cent marks for eligibility of admission.
Government of Punjab by a notification (dated May 8, 1987) lowered the
percentage of the pass marks for the said candidates from 40 per cent to 35 per
cent as against a minimum of SO per cent marks for the general category
the basis of selection test held, only 32 qualified candidates of the reserved
category were available. The prospectus published by the University for the
Competitive Examinations provided that the seats left vacant in any reserved
category owing to the non-availability of the eligible candidates may be filled
up from the eligible candidates of the general category. Accordingly, the
remaining seats (out of 100) should have reverted to the general pool of the
eligible candidates. But the government issued an order (dated July 28, 1987)
whereby the percentage of pass marks for the Scheduled Castes and Scheduled
Tribes candidates was lowered from 35 per cent to 25 per cent (for the 1987
appellants challenged the above-said orders of the government before the High
Court which dismissed the Writ Petition filed by them. The appellants appealed
this Court by special leave.
the appeal, the Court, 245 ^
If the Regulation 11 of the Indian Medical Council is found to be binding, then
the impugned orders of the government would be bad, but the Regulation is
merely in the nature of a recommendation and the language used in the
Regulation is deliberate, intended to indicate the intention of the Council, as
inter alia held by a three-Judge Bench of this Court in The State of M.P. and
Anr. v. Kumari Nivedita Jain and Ors.,  1 SCR 759. That was a similar
case as this one, and the appellants are not entitled to make any grievance on
this score.[249D: 250] The State Government had intended that 100 seats should
go to the candidates of the scheduled castes and scheduled tribes. When that
number of the candidates has not available, reduction in the qualifying marks
had to be effected, and the government's action cannot be said to be arbitrary.
[251 D-E] After the percentage in the qualifying standard was reduced, all the
remaining 68 seats have been filled up by the scheduled castes and scheduled
tribes candidates and teaching has begun. These 68 candidates are not before
the Court, not having been impleaded. It is not open to the Court to cancel
their admission behind their back, nor would it be possible to require the
State Government to create additional seats to accommodate the appellants.
[251F] OBSERVATION: The standard of medical profession should not be
compromised in the national interest. There has been a perceptible fall in the
national standards and general efficiency of the professional men. While it is
not necessary to say anything against reservation, the Court approves of the
concern shown by the Indian Medical Council that high standards of efficiency
should be maintained, and that can only be possible if the State and the
Council cooperate to maintain a high standard. This aspect should be kept in
view when the guidelines are prescribed for the selection of the students for
the medical courses. The impugned notification of the State Government shows
that the reduction is confined to one year 1987 only. It is hoped there would
be no necessity for a repetition of this action.
252A-B] State of M.P. and Anr. v. Kumari Nivedita lain and Ors.,  1 SCR
759; State of Kerala v. Kumari T.P. Roshana & Anr.  2 SCR 974 and
Krishna Priya Ganguly etc. v. University of Lucknow & 246 Ors. etc., 
1 SCR 302, referred to.
APPELLATE JURISDICTION: Civil Appeal No. 3556 of 1987.
the Judgment and order dated 2.9.1987 of the Punjab and Haryana High Court in
C.W.P. No. 5781 of 1987.
Singhvi, H.M. Singh, A.M. Singhvi, R.S. Yadav and N. Waziri for the Appellants.
Singh, Additional Solicitor General, C.M. Nayar B..R. Agarwala, and Ms. Sushma
Manchanda for the Respondents.
Judgment of the Court was delivered by RANGANATH MISRA, J. This appeal is by
special leave and is directed against the decision of the Punjab and Haryana
High Court dismissing a writ petition of the appellants in limine. On 8th of
May, 1987, the Government of Punjab, Respondent No. 1, notified in the State
Gazette the criteria for holding of Competitive Entrance Examination for
selection of candidates for admission to MBBS/BDS course in the three medical
colleges and two dental colleges within the State. The Notification, inter
Admission shall be given on the basis of the relative merit of candidates
determined on the result of the Competitive Entrance Examination. In the case
of reserved seats relative merit of the candidate shall be determined within
each category of reservation except that in the category of
Sportsmen/Sportswomen admission shall be made out of eligible candidates on the
basis of their gradation done by the Department of sports (Punjab) and in the
category of children/widow of the defence personnel candidates of sub category
vii (b) given in para III(d) infra, shall be admitted only if eligible
candidates of sub category vii(a) are not available. A candidate, however, must
secure minimum of 50 per cent marks in the competitive Entrance Examination to
qualify for the admission. However, candidates belonging to the Scheduled
Castes/Scheduled Tribes, Sportsmen/Sports- 247 women, children/grand children
of political sufferers and handicapped categories shall be eligible only if
they secure minimum 35 per cent marks in the Entrance Examination. " 100
seats out of total available seats in the MBBS/BDS Courses were reserved for
Scheduled Castes and Scheduled Tribes candidates. There is no dispute that on
the basis of the selection test only 32 qualified candidates of the reserved
category were available. The prospectus published for the Competitive
Examination by the Punjabi University, Patiala, in a Note below Para III(a)
(ii) under the heading of Distribution of Seats provided:
left vacant in any reserved category, owing to non-availability of eligible
candidates, may be filled from the eligible candidates belonging to General
Category." On 28.7.1987, the following order was made:
President of India is pleased to lower down the percentage of pass marks in
P.M.T. for Scheduled Castes and Scheduled Tribes candidates for admission to
MBBS/BDS Courses in the State Medical/Dental Colleges from 35 per cent to 25
per cent during the session 1987 only.
III (a))(i) of the Punjab Government Notification No. 2373-5 HB Ill-87/10493
stands modified to this extent." Challenge before the High Court as also
before this Court is against this Notification and four contentions have been
1) The Government order and the University Prospectus having provided that 35
per cent would be the minimum qualifying marks for the reserved categories named
therein, it was not open to the respondents to make the impugned Notification.
The Note referred to above which provided that upon candidates in the reserved
category not being found, the remaining seats would revert to the general pool;
lowering of the qualifying percentage of marks prejudices the candidates in the
general category, who would have got the benefit of the 548 Note is an
arbitrary act and cannot be sustained.
The prospectus contained an offer and after the candidates have appeared in the
examination on the basis of such offer and representation, a new basis cannot
be brought in.
The Regulation made by the Indian Medical Council prescribes a minimum of 40
per cent marks and the regulation is binding on the University as also the Government
and a qualification lower than what has been prescribed by the Medical Council
in exercise of its Regulation Making Power is contrary to law and against the
spirit of the scheme.
Doctors have got to be adequately qualified and professional standards must be
high as they deal with human lives. Lowering standard on the plea of
reservation of a sizeable portion of the seats for the backward classes is
against the interest n of the nation and detrimental to profession standards.
shall first deal with the prescription of the Medical Council by Regulation.
The Secretary of the Medical Council of India has filed an affidavit.
Regulation II prescribes:
respect of candidates belonging to Scheduled Castes/Scheduled Tribes, the
minimum marks required shall be 40 per cent in lieu of 50 per cent for general
candidates. " In his affidavit the Secretary has further averred that:
Medical Council of India has fixed these minimum marks for admission to Medical
Courses on the recommendation of the Expert Body who had taken all facts and
circumstances into consideration. The main factor before the Council in framing
the Regulations was that marks below 40 per cent will adversely affect the
studies and such candidates would not have full benefit of medical education
along with the candidates with higher capability. In view of the fact that
various Governments were resorting to methods to reduce the minimum marks in
case of Scheduled Castes and Scheduled Tribes 549 students, again discussions
took place in the Executive Committee of the Medical Council of India on
5.3.1982 and this issue was fully considered and a recommendation was recorded
on this aspect." The Regulation referred to above is said to have been
made in exercise of powers under Section 33(J) of the Indian Medical Council
Singhvi for the appellants has very much relied upon the stand taken by the
Indian Medical Council in support of the claim of the appellants that the
action of the respondents in reducing the qualifying marks to 25 per cent as
against the minimum of 40 per cent is wholly wrong and cannot be sustained. We
have taken up the last contention first because if the Regulation is found to
be binding then certainly both the original as also the subsequent Notification
would be bad. As against the basic requirement of 40 per cent for scheduled
castes and scheduled tribes candidates the original Notification had put the
requirement of 35 per cent five per cent below the minimum and the subsequent
Notification reduced it by 10 per cent more. The question as to whether the
Regulation of the Council is binding came for determination before a three-
Judge Bench of this Court. In the case of State of M.P. & Anr. v. Kumari
Nivedita Jain & Ors  1 SCR 759, the Court found that:
II of the Council is merely in the nature of a recommendation. Regulation II
begins with the words 'selection of students in medical college should be based
solely on merit'.
used in Regulation II is deliberate and is intended to indicate the intention
of the Council that it is only in the nature of a recommendation .
Court further went into the matter and observed that:
authority of the Council extends to the sphere of maintaining proper medical
standards in Medical Colleges or institutions necessary for obtaining
recognised medical qualifications. By virtue of this authority it may be open
to the Council to lay down the minimum educational qualifications required of a
student who may seek 250 admission into a Medical College. In other words, the
eligibility of a candidate who may sit to get admitted into a medical college
for obtaining recognised medical qualifications may be prescribed by the
Council. All the candidates who are eligible for admission into medical
colleges or institutions for getting themselves qualified as medical
practitioners are entitled to seek admission into a medical college of
to how the selection has to be made out of the eligible candidates for
admission into the medical college is a matter which has necessarily to depend
on circumstances and conditions prevailing in particular State. Though the
question of eligibility for admission into the medical curriculum may come
within the power and jurisdiction of the Council, the question of selection of
candidates out of the candidates eligible to the medical course does not appear
to come within the purview of the Council." The view of a coordinate Bench
is binding upon us and we find it difficult to differ from what has been held
in the aforesaid judgment. It is true that there is an observation of a
two-Judge Bench in State of Kerala v. Kumari T. P. Roshana & Anr.,  2
SCR 974 that the Regulations of Medical Council are binding but that
observation k made by Iyer, J. was in passing while in Nivedita's case (supra)
the matter directly fell for consideration. Dr. Singhvi also relied upon the
observations of Fazal Ali, J. in a three- Judge Bench decision in Krishna Priya
Ganguly etc. v. University of Lucknow & Ors. etc.,  I SCR 302 but
here again it was an obiter; at any rate reference to Nivedita Jain's case was
is interesting to note that in Nivedita Jain's case (supra), in a situation
almost similar as here, the State Government fully deleted the prescription of
the percentage of marks in the selection examination. That certainly was a
worse situation than the one before us. Yet that action was upheld. In that
view of the matter, we do not think the appellants are entitled to make any
grievance on this score.
that this legal ground has failed, the other three questions raised by learned
counsel for the appellants may be examined. As 251 pointed out in Nivedita
Jain's case the selection is at two stages. The Medical Council prescribed a
percentage of marks as the basic minimum to be obtained in the qualifying
examination (conducted by the University) and qualified candidates only applied
for admission. Since the seats available are much less than the candidates
seeking admission. a further selection becomes necessary to eliminate
candidates in excess of the available seats. The candidates belonging to the
Scheduled Castes and the Scheduled Tribes who applied for admission and were to
be subjected to selection must have secured appropriate marks in the qualifying
examination and otherwise they could not have applied. The plea which is raised
before us, namely, that there would be an element of estoppel and the action
would be branded as arbitrary would certainly have arisen in [he case of
Nivedita Jain (supra), but the Court did not find the total abolition of the
percentage qualification as either arbitrary or hit by rules of estoppel.
Reservation is not in dispute The State government had really intended that 100
seats should go to the candidates of Scheduled Castes and Scheduled Tribes.
When in the selection test that number of candidates was not available, the
question of reduction of the qualifying marks arose. In the facts of the case,
we are not prepared to accept the contention of Dr. Singhvi that Government's
action is arbitrary. In fact, the short affidavit filed by the respondents
indicates clearly under what circumstances the variation was made. We do not
think that there is any force in the plea of estoppel.
is not disputed that after the percentage was reduced in the qualifying
standard all the 68 seats have been filled up by Scheduled Castes and Scheduled
Tribes candidates and teaching has begun from September. It is a fact that these
68 candidates are not before us as they have not been imp leaded. It would not
be open to us to cancel their admission behind their back, nor would it be
possible to require the State Government to create additional seats to
accommodate the appellants therein.
we part with the appeal we think it appropriate to indicate that the standard
of medical profession should not be compromised in national interest. There has
been perceptible fall in national standards and general efficiency of the
professional men. While it is not necessary for us to say anything against
reservation, we approve of the concern shown by the Indian Medical Council that
high standards of efficiency should be maintained and that can only be 252
possible if the State and the Council cooperates to maintain a high standard.
This aspect should be kept in view while guidelines are prescribed for
selection of students for the medical courses. The impugned Notification of the
State Government shows that the reduction is confined for this year. We hope
there would not be necessity for a repetition of this action.
appeal fails and is dismissed. We make no order as to costs.