Decided on June 29,2000

STATE OF M.P. Appellant


SINGH, J. - (1.) 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 others and LPA No. 159 of 2000 : State of M.P. and others v. Dr. Naveen Kumar Dulhari and others) by this common order since they pertain to admissions to Post Graduate courses in' Medical Colleges in the State of Madhya Pradesh.
(2.) 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 20m 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 limine by decision dated June 23, 2000. For coming to the decision, the learned Single Judge placed reliance on Apex Court decision in Dr. Preeti Srivastava v. State of M.P. (AIR 1999 SC 2894) which says: "63. 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 State or 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 is W.P. No. 3316 of 2000 Naveen Kumar Dulhani Y. Medical Council of India and others and W.P. No. 3199 of 2000 Dr. Anurag and others v. Stale of M.P. and others dated June 23.2000, By this judgment the writ petitions are allowed and the decision of the State of M.P. dined May 22.2000 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.
(3.) FOR the current session, certain seats meant for reserved categories could not be filled for want of qualified candidates. The petitioners On 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, stated 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 State 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 50% and 40% may be reviewed and re -fixed by the MCI in tile interest of backward classes of the State. 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. State 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 he finalised. It had been clearly stipulated by the Hon'ble Supreme Court in the judgment in the case of Dr. Preeti Srivastava hut till such time the council decides the issue finally as directed by the Hon'ble Supreme Court, the percentage of 50% for general category candidates and 40% for Scheduled caste category candidates as is being followed for admission in under -graduate (MBBS) course. shall he followed for admissions to post -graduate courses. In view of this clear observation/direction of the Hon'ble supreme Court the Executive Committee of file Council docs not find itself in a position to accept the request on behalf of the State of Madhya Pradesh. This may he informed to the State Govt. accordingly.;

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