Supreme Court of India
AARTI GUPTA AND ORS.versusSTATE OF PUNJAB AND ORS.
- Citation
- 1987 INSC 366
- Decided
- 9 December 1987
- Disposal
- Dismissed
- Bench
- RANGANATH MISRA
Holding
Regulation II of the Indian Medical Council is a non‑binding recommendation, and the Punjab Government's reduction of qualifying marks for SC/ST candidates is not arbitrary, so the appeal fails.
Summary
The Punjab Government, invoking a need to fill 100 seats reserved for Scheduled Castes and Scheduled Tribes in MBBS/BDS courses, lowered the minimum qualifying marks for these categories from the 40% prescribed by the Indian Medical Council (MCI) Regulation II to 35% and later to 25% for the 1987 session. Only 32 eligible SC/ST candidates qualified at the original threshold, and the prospectus allowed vacant reserved seats to be filled from the general pool. The petitioners challenged the notifications, arguing that the MCI regulation was binding, that the reduction was arbitrary and violated the prospectus offer, and that it compromised medical standards. The Supreme Court held that Regulation II is merely a recommendation, not a binding rule, and that the government's reduction of marks was a permissible response to the shortage of qualified candidates and not arbitrary. Consequently, the appeal was dismissed.
Issues considered
- The Indian Medical Council Regulation II prescribing a 40% minimum for SC/ST candidates is binding on State governments and universities.
- Whether the Punjab Government's reduction of qualifying marks for SC/ST candidates to 35% and then 25% is arbitrary, violative of estoppel, or contrary to the prospectus offer.
- Whether lowering the qualifying marks compromises the standards of medical education and the national interest.
Legislation cited
- Indian Medical Council Act, 1956s. 33(J)
Subjects
reservationmedical educationqualifying marksIndian Medical Councilstandards of professionarbitrarinessestoppeladmissionSC/STregulation
Judgment
A AARTI GUPTA AND ORS.
v.
STATE OF PUNJAB AND ORS.
DECEMBER 9, 1987
B [RANGANATH MISRA, G.L. OZA AND M.N.
VENKATACHALIAH, JJ.]
Competitive Entrance Examination for admis»1on to the M.8.8.S./
B.D.S. Courses-Lowering of percentage of pass marks for the
scheduled castes and scheduled tribes candidates for admission thereto
)
c 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
D had prescribed by its Regulation II a minimum of 40 per cent marks
for eligibility of admission. The Government of Punjab by a notifica-
tion (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 50 per cent marks for the general category candidates.
E On the basis of selection test held, only 32 qualified candidates of
the reserved category were available. The prospectus published by the
l
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 np from the eligible candidates of the y
general category. Accordingly, the remaining seats (ont of 100) should
F have reverted to the general pool of the eligible candidates. Bnt the
government issued an order (dated July 28, 1987) whereby the per- 1
centage of pass marks for the Scheduled Castes and Scheduled Tribes
candidates was lowered from 35 per cent to 25 per cent (for the 1987
session only).
G "
The appellants challenged the above-said orders of the govern-
~
ment before the High Court which dismissed the Writ Petition filed hy
them. The appellants appealed this Court by special leave.
H Dismissing the appeal, the Court,
244
AARTI GUPTA v. STATE OF PUNJAB 245
HELD: If the Regulation II of the Indian Medical Council is A
found to be binding, then the impugned orders of the government
would be bad, but the Regulation is merely in the nature of a recom-
mendation 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. B
Kumari Nivedita Jain and Ors., [1982) 1 SCR 759. That was a similar
case as this one, and the appellants are not entitled to make any grie-
vance on this score. [2490; 250G I
The State Government had intended that 100 seats should go to
1' the candidates of the scheduled castes and scheduled tribes. When that c
number of the candidates was not available, reduction in the qualify-
ing marks had to be effected, and the government's action cannot be
said to be arbitrary. [2510-EI
After the percentage in the qualifying standard was reduced, all D
the remaining 68 seats have been filled up by the scheduled castes and
scheduled tribes candidates and teaching has begun. These 68 candi-
dates 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 addi-
lr tional seats to accommodate the appellants. [251F) E
r ,
OBSERVATION: The standard of medical profession should not be
compromised in the national interest. There bas 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 F
i- 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.
l The impugned notification of the State Government shows that the G
' • reduction is confined to one year 1987 only. It is hoped there would be
no necessity for a repetition of this action. [251G-H; 252A-BI
{!.
''Y State of M.P. and Anr. v. Kumari Nivedita Jain and Ors., [19821
1 SCR 759; State of Kerala v. Kumari T.P. Roshana & Anr. (1979) 2
SCR 974 and Krishna Priya Ganguly etc. v. University of Lucknow & H
246 SUPREME COURT REPORTS [1988] 2 S.C.R.
A Ors. etc., [1984] 1SCR302, referred to.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3556
of 1987.
B From the Judgment and Order dated 2.9. 1987 of the Punjab
and Haryana High Court in C.W.P. No. 5781of1987.
L.M. Singhvi, H.M. Singh, A.M. Singhvi, R.S. Yadav and N.
Waziri for the Appellants.
''
C Kuldeep Singh, Additional Solicitor General. r·.M. Nayar. B.R. ~
Agarwala, and Ms. Sushma Manchanda for the Respondents. ·
The Judgment of the Court was delivered by
D 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. I, 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
E the State. The Notification, inter alia, provided: ~
"( 1) 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 y
F 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
G defence personnel candidates of sub category vii (b)
given in para III(d) infra, shall be admitted only if eligible
ca!ldidates of sub category vii(a) are not available.A
candidate, however, must secure a minimum of 50 per cent ...,'
marks in the competitive Entrance Examination to qualify
for the admission. However, candidates belonging to the
H Scheduled Castes/Scheduled Tribes, Sportsmen/Sports-
l AARTI GUPTA v. STATE OF PUNJAB (MISRA. J.J 247
women, children/grand children of political sufferers and
handicapped categories shall be eligible only if they secure
A
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. B
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 Pun-
jabi University, Patiala, in a Note below Para III(a) (ii) under the
heading of Distribution of Seats provided:
> c
"Seats 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: D
''The 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. E
Para III (a))(i) of the Punjab Government Notifica-
tion No. 1373-5 HB Ill-87, !0493 dated 8.5. !987 stands
modified to this extent."
Challenge before the High Court as also before this Court is F
against this Notification and four contentions have been advanced:
( 1) The Government Order and the University Prospectus
having provided that 35 per cent would be the minimum qual-
... ifying marks for the reserved categories named therein, it was G
not open to the respondents to make the impugned Notifica-
tion. 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 H
248 SUPREME COURT REPORTS [ 1988] 2 S.C.R.
A Note is an arbitrary act and cannot be sustained. /
(2)The prospectus contained an offer and after the candi-
dates have appeared in the examination on the basis of such
l
\
offer and representation, a new basis cannot be brought in.
B
(3) 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 qualifi-
cation lower than what has been prescribed by the Medical
Council in exercise of its Regulation Making Power is contrary i
to law and against the spirit of the scheme. ~
c
(4) Doctors have got to be adequately qualified and pro-
fessional standards must be high as they deal with human Jives.
Lowering standard on the plea of reservation of a sizeable por-
tion of the seats for the backward classes is against the interest
D of the nation and detrimental to profession standards.
We 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:
E
"In 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."
F In his affidavit the Secretary has further averred that:
"The 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
G 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
H in case of Scheduled Castes and Scheduled Tribes
•
'·
AARTI GUPTA v. STATE OF PUNJAB [MISRA, J.I
students, again discussions took place in the Executive
Committee of the Medical Council of India on 5.3. 1982
249
A
and this issue was fully considered and a recommendation
was recorded on this aspect."
B
The Regulation referred to above is said to have been made in
exercise of powers under Section 33(J) of the Indian Medical Council
Act, 1956.
Dr. 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 qual- c
ifying 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 D
castes and scheduled tribes candidates the original N otiftcation 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., [1982] I E
SCR 759, the Court found that:
"Regulation 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'. Language used in Regulation II is delib- F
erate and is intended to indicate the intention of the
Council that it is only in the nature of a recommenda-
tion."
The Court further went into the matter and observed that:
G
"The authority of the Council extends to the sphere
of maintaining proper medical standards in Medical Col-
leges or institutions necessary for obtaining recognised
medical qualifications. By virtue of this authority it may
be open to the Council to Jay down the minimum educa-
tional qualifications required of a student who may seek H
A
250 SUPREME COURT REPORTS [1988) 2 S.C.R.
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 qualifi-
cations may be prescribed by the Council. All the candi-
dates who are eligible for admission into medical colleges
B or institutions for getting themselves qualified as medical
practitioners are entitled to seek admission into a medical
college of institution. As 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
c 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 pur-
view of the Council."
D
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., (1979) 2 SCR 974 that
the Regulations of Medical Council are binding but that observation
E 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., [ 1984) I SCR 302 but here again it was an obiter; at
any rate reference to Nivedita Jain's case was not made.
F
It 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 selec-
tion examination. That certainly was a worse situation than the
G 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.
Now that this legal ground has failed, the other three questions
H raised by learned counsel for the appellants may be examined. As
AARTI GUPTA v. STATE OF PUNJAB [MISRA, J.] 251
l pointed out in Nivedita Jain's case the selection is at two stages. The A
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 admis-
sion. Since the seats available are much less than the candidates seek-
ing admission, a further selection becornes necessary to eliminate B
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,
hat there would be an element of cstoppel and the action would be
randed as arbitrary would certainly have arisen in the case of C
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 Schedu-
led Castes and Scheduled Tribes. When in the selection test that D
number of candidates was not available, the question of reduction of
the qualifying rnarks arose. In the facts of the case, we are not pre-
pared 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. E
r It 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 F
they have not been impleaded. 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.
Before we part with the appeal we think it appropriate to indi- G
cate that the standard of medical profession should not be compro-
mised 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 H
252 SUPREME COURT REPORTS [1988] 2 S.C.R.
A possible if the State and the Council cooperates to maintain a high
standard. This aspect should be kept in view while guidelines are pre-
scribed 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.
B
The appeal fails and is dismissed. We make no order as to costs.
S.L. Appeal dissmissed.
A
\_
I
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