- (1.) This appeal is by special leave and is directed against the decision of the Punjab and Haryana High Court dismissing a writ petition of the appellants in limine. On 8th May, 1987, the Government of Punjab, respondent 1, notified in the State Gazette the criteria for holding of Competitive Entrance Examination for selection of candidates for admission to MBBS/BDS course in the three medical colleges and two dental colleges within the State. The Notification, inter alia, provided :- "(i) Admission shall be given on the basis of the relative merit of candidates determined on the result of the Competitive Entrance Examination. In the case of reserved seats relative merit of the candidate shall be determined within each category of reservation except that in the category of Sportsmen/Sportswomen admission shall be made out of eligible candidates on the basis of their gradation done by the Department of Sports (Punjab) and in the category of children/widow of the defence personnel candidates of sub-category vii (b) given in Para III(d) infra, shall be admitted only if eligible candidates of sub-category vii (a) are not available. A candidate, however, must secure a minimum of 50 per cent marks in the competitive Entrance Examination to qualify for the admission. However, candidates belonging to the Scheduled Castes/Scheduled Tribes, Sportsmen/Sportswomen, children/ grand children of political sufferers and handicapped categories shall be eligible only if they secure minimum 35 per cent marks in the Entrance Examination." 100 seats out of total available seats in the MBBS/BDS Courses were reserved for Scheduled Castes and Scheduled Tribes candidates. There is no dispute that on the basis of the selection test only 32 qualified candidates of the reserved category were available. The prospectus published for the Competitive Examination by the Punjabi University, Patiala, in a Note below Para. III(a)(ii) under the heading of Distribution of Seats provided :- "Seats left vacant in any reserved category, owing to non-availability of eligible candidates, may be filled from the eligible candidates belonging to General Category."
(2.) On 28-7-1987, the following order was made :- "The President of India is pleased to lower down the percentage of pass marks in P.M.T. for Scheduled Castes and Scheduled Tribes candidates for admission to MBBS/BDS Courses in the State Medical/Dental Colleges from 35 per cent to 25 per cent during the session 1987 only. Para. III(a)(i) of the Punjab Government Notification No. 2373-5 HB III-87/10493 dt. 8-5-1987 stands modified to this extent."
(3.) Challenge before the High Court as also before this Court is against this Notification and four contentions have been advanced :- (1) The Government Order and the University Prospectus having provided that 35 per cent would be the minimum qualifying marks for the reserved categories named therein, it was not open to the respondents to make the impugned notification. The note referred to above which provided that upon candidates in the reserved category not being found, the remaining seats would revert to the general pool; lowering of the qualifying percentage of marks prejudices the candidates in the general category, who would have got the benefit of the Note is an arbitrary act and cannot be sustained. (2) The prospectus contained an offer and after the candidates have appeared in the examination on the basis of such offer and representation, a new basis cannot be brought in. (3) The Regulation made by the Indian Medical Council prescribes a minimum of 40 per cent marks and the Regulation is binding on the University as also the Government and a qualification lower than what has been prescribed by the Medical Council in exercise of its regulation making power is contrary to law and against the spirit of the scheme. (4) Doctors have got to the adequately qualified and professional standards must be high as they deal with human lives. Lowering standard on the plea of reservation of a sizeable portion of the seats for the backward classes is against the interest of the nation and detrimental to profession standards.;