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Supreme Court of India

STATE OF MADHYA PRADESH AND ANR.versusRAKESH MENON AND ANR. ETC. ETC.

Citation
1995 INSC 88
Decided
1 February 1995
Disposal
Appeal(s) allowed

Holding

The State Government is empowered to relax the minimum qualifying marks in General English for admission to medical and dental colleges to accommodate SC/ST reservations.

Summary

A Division Bench of the Madhya Pradesh High Court held that the State could not reduce the minimum qualifying marks in General English for admission to medical and dental colleges to create seats for SC/ST candidates. The State of Madhya Pradesh filed Special Leave Petitions challenging that order. The Supreme Court, referring to its earlier judgments in Rajesh Kumar Verma v. State of Madhya Pradesh (Civil Appeals Nos. 623‑624 of 1994) and State of M.P. v. Chitresh Kasliwal (Civil Appeal No. 625 of 1994), set aside the High Court’s decision. The Court held that the State is authorised to relax the English‑mark requirement under the reservation policy. Accordingly, the appeal was allowed and the High Court order was vacated without any order for costs.

Issues considered

  • Whether the State Government may reduce the minimum qualifying marks in General English for admission to professional courses to make seats available to SC/ST candidates.
  • Whether such relaxation is permissible under the applicable reservation statutes and regulations.

Subjects

admissionprofessional coursesmedical collegedental collegereservationSC/STminimum qualifying marksEnglish language requirementstate governmentrelaxation of criteriawrit petition

Judgment

..._,   ----               STATE OF MADHYA PRADESH AND ANR.                                  A
                                                   v
                                RAKESH MENON AND ANR. ETC. ETC.

                                         FEBRUARY 1, 1995

               (AM. AHMADI, CJ, N.P. SINGH AND SUJATA V. MANOHAR, JJ.)                       B

                    Education-Admission ·to professional caurses-Medical and Dental
               Colleges-State Government entitled to reduce the minimum qualifying marks
               in General English in order to make seats avaflable to SC/ST candidates.

                     A Division Bench of the High Court disposed of a group of Writ·
                                                                                             c
               Petitions concluding that it was not open to the State government to reduce
               the minimum qualifying marks in General English in order to make seats
               available for SC/ST candidates by virtue of the relaxation .
         .I
         ~           Different appeals which bad challenged the order had been allowed       D
'        ,T    and the impugned order was set aside.

                    Allowing the appeal, this Court

                    HELD : The order of High Court is set aside in terms of another
               Supreme Court order covering the same subject. [746-D]                        E
                    Rajesh Kumar Verma v. State of Madhya Pradesh and Ors.,Civil
               Appeal Nos. 623-624 of1994 and State of M.P. andAnr. v. Chitresh Kasliwal
               and Anr., Civil Appeal No. 625 of 1994, applied.

                    CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1256 of                   F
               1995 Etc. Etc.                               · ---

                    From the Judgment and O~der dated 21.8.93 ~f the Madhya Pradesh
               High Court in M.P. No. 1(~5 of 1992.

                    S.K. Agnihotri for t~ Appellants.                                        G
                    Ashok Kumar Sharma for the Respondents.

                    The Judgment of the Court was delivered by

                     N.P. SINGH, J. Leave granted.                                           H
                                                  745
    746                  SUPREME COURT REPORTS                [1995] 1 S.C.R.

A         A group of Writ Petitions were disposed of by a Division Bench of
    the Madhya Pradesh High Court on 21.8.1993, which related to admission
    to the Medical and Dental Colleges in the said State. The Division Bench
    came to the conclusion that it was not open to the State Government to
    reduce the minimum qualifying marks in general English in order to make
B   seats available to SC/ST candidates by virtue of the said relaxation.

        Some Special Leave Petitions filed against the same judgment in the
  connected writ petitions, (Civil Appeal Nos. 623-624of1994, Rajesh Kumar
  Venna v. State of Madhya Pradesh & Ors., Civil Appeal No. 625 of 1994,
  State of M.P. & Anr. v. Chitresh Kasliwal & Anr., were disposed of by this
C Court on 21.1. 1994. This Court allowed the aforesaid Civil Appeals and
  set aside the impugned order dated 21.8.1993 of the Division Bench of the
  High Court.

         These CivilAppeals have been filed on behalf of the State of Madhya
   Pradesh, against similar orders passed by the Division Bench in different
D Writ Petitions filed on behalf of the respondents. All the appeals are
  --disposed of in terms of the judgment dated 21.1.1994 of this Court. The
   appeals filed on behalf of the State of Madhya Pradesh are allowed and
   the orders passed by the High Court are set aside. There will be no order
   for costs.

    A.G.                                                   Appeal Allowed.


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