R. C. Lahoti, J. - (1.) Leave granted in S. L. P. (C) Nos. 4965/03 and 14367-91/03.
(2.) In exercise of the powers conferred by S. 33 read with S. 20 of the Indian Medical Council Act, 1956, the Medical Council of India has, with the previous sanction of the Central Government, made the regulations called "the Post-Graduate Medical Education Regulations, 2000" (hereinafter the Regulations, for short). Regulation 9, relevant for our purpose, provides as under :- 9. SELECTION OF POST-GRADUATE STUDENTS (1) Students for post-graduate medical courses shall be selected strictly on the basis of their academic merit. (2) For determining the academic merit, the University/institution may adopt any one of the following procedures both for degree and diploma courses :- (i) On the basis of merit as determined by a competitive test conducted by the State Government or by the competent authority appointed by the State Government or by the University/group of Universities in the same State; or (ii) On the basis of merit as determined by a centralized competitive test held at the national level; or (iii) On the basis of the individual cumulative performance at the first, second and third MBBS examinations, if such examinations have been passed from the same University; or Provided that wherever entrance test for post-graduate admission is held by a State Government or a University or any other authorised examining body, the minimum percentage of marks for eligibility for admission to post-graduate medical course shall be 50 per cent. for general category candidates and 40 per cent. for the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backwad Classes : Provided further that in non-Government institutions fifty per cent. of the total seats shall be filled by the competent authority and the remaining fifty per cent. by the management of the institution on the basis of merit. (Emphasis supplied)
(3.) The first proviso to Regulation 9 in its present form was introduced with effect from 20-9-2001. Earlier the first proviso required the minimum percentage of marks for eligibility as 50 per cent. for all the categories of candidates.;