STATE OF M.P. Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(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.

(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: