KUMARI NIVEDITA JAIN Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-1980-11-3
HIGH COURT OF MADHYA PRADESH
Decided on November 06,1980

KUMARI NIVEDITA JAIN Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents





Cited Judgements :-

MADHU MITTAL DAUGHTER OF J S MITTAL VS. STATE OF M P [LAWS(MPH)-1983-9-32] [REFERRED TO]
KU MADHU MITTAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1983-11-3] [REFERRED TO]
AWADEESH NEMA VS. STATE [LAWS(MPH)-1988-9-42] [REFERRED TO]


JUDGEMENT

G.P.Singh, C.J. - (1.)By order dated 2nd April, 1980 the State Government made Rules for admission to 1st year M, B. B. S. course of medical colleges of Madhya Pradesh. These rules are not statutory. They were made in the exercise of the executive power of the State. The rules provide for holding of a Pre-Medical Examination for selection at candidates for admission to the Medical Colleges. The Pre- Medical Examination is held by a Board which is constituted by Rule 2. The selection for admission is made as provided in Rule 3 "from the merit-list prepared on the basis of the result of this examination." No candidate can be admitted unless he has passed B. Sc. Part I or any equivalent examination. This is the minimum educational qualification prescribed by Rule 5 (1). Reservation of seats is provided for by Rule 7. There are 720 seats in all. Out of these, 15% seats are reserved for each of the categories of Scheduled Castes and Scheduled Tribes candidates, which means that 108 seats are reserved for the Scheduled Castes and the same number for the Scheduled Tribes, 3% seats are reserved for the children of military personnel; 3% seats are reserved for nominees of the Government of India and three seats are reserved for nominees of the Government of Jammu and Kashmir. The State Government can also nominate three candidates to a medical college in Jammu and Kashmir in exchange of seats reserved for the nominees of that State in Madhya Pradesh. The candidates appearing in Pre-Medical Examination have to secure minimum qualifying marks for admission. The minimum qualifying marks are 50% in the aggregate and 33% in each subject. For the Scheduled Castes and the Scheduled Tribes the minimum qualifying marks are 40% in the aggregate and 30% in each subject. The Board is authorised to relax the qualifying marks in the aggregate by 5% for all categories in case the required number of candidates for admission are not available. The Government has the power under the rules to make a special relaxation in the minimum qualifying marks to the extent considered necessary, in case, with relaxation granted by the Board, the required number of candidates in the categories of Scheduled Castes and Scheduled Tribes are not available. The provision relating to minimum qualifying marks is made in Rule 20. The power of relaxation given to the Board and the State Government is contained in Note (i) and Note (ii), respectively, appended to Rule 20. Rule 20 along with the relevant notes reads as follows:
"20. Selection of candidates from amongst those who have appeared and qualified in the written examination shall be made strictly on merit as disclosed by the total number of marks obtained by a candidate in the Pre-Medical Examination. The minimum qualifying marks for admission to Medical Colleges shall be 50 per cent in the aggregate and 33 per cent in each subject separately. For Scheduled Castes and Scheduled Tribes candidates, the minimum qualifying marks shall be 40 per cent in aggregate and 30 per cent in each subject separately. Note (i) In case required number of candidates for admission are not available according to above percentage of qualifying marks, the Board shall have the power to lower the percentage up to 5 per cent in the aggregate for all categories of candidates. (ii) In case, with relaxation granted by the Board as above, the required number of candidates in the categories of Scheduled Castes/Scheduled Tribes are not available Government shall have the powers to grant special relaxation in the minimum qualifying marks to the extent considered necessary."

(2.)Rule 9 of the Rules provides that a combined merit-list of all the categories of candidates except the candidates belonging to the Scheduled Castes and the Scheduled Tribes shall be prepared and admissions granted to the eligible candidates according to merit so revealed subject to the reservations specified in Rule 7. Rule 9 further provides that "in case seats of reserved categories of Scheduled Castes and Scheduled Tribes remain vacant these seats will be filled up by the candidates available on the combined merit-list."
(3.)There were 9400 candidates in all, out of which 623 candidates belonged to the Scheduled Castes and 145 to the Scheduled Tribes. As a result of the examination, only eighteen seats in the category of Scheduled Castes and two seats in the category of Scheduled Tribes could be filled up because other candidates of these categories did not secure the minimum qualifying marks prescribed by Rule 20, i.e., 40% in the aggregate. The Board in exercise of its power under Note (1) to that rule made a relaxation of 5% after which seven more candidates Were admitted in the category of Scheduled Castes and one more in the category of Scheduled Tribes. Thus, out of 108 seats for each of the categories of the Scheduled Castes and the Scheduled Tribes, only 25 could be filled up in the category of Scheduled Castes and three in the category of Scheduled Tribes. The Government considering that very few candidates of these categories got admission, by order dated 9th September, 1980 completely relaxed the condition relating to the minimum qualifying marks for these categories. This order, which is Anne-xure Rule 2, translated in English, reads as follows: The Government has taken a decision that the candidates belonging to the Scheduled Castes and the Scheduled Tribes be admitted to the Medical Colleges in the seats reserved for them in accordance with merit to be determined on the basis of marks obtained by them in the Pre-Medical Examination and that for this purpose the condition relating to the obtaining of minimum qualifying marks be removed.


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