- (1.) Leave granted in SLP (C) No. 12231 of 1997.
(2.) The following issue formulated by this Court at the commencement of hearing, requires consideration : "The question is whether apart from providing reservation for admission to the Post- Graduate Courses in Engineering and Medicine for special category candidates, it is open to the State to prescribe different admission criteria, in the sense of pescribing different minimum qualifying marks, for special category candidates seeking admission under the reserved category. " "This question certainly requires consideration of the Constitution Bench as it arises and is likely to arise in a number of cases in different institutions of the country and needs to be decided authoritatively keeping in view the observations made in three different two or three-Judge Bench judgments. " These judgments are Ajay Kumar Singh v. State of Bihar, (1994) 4 SCC 401 : (1994 AIR SCW 2515) , Dr. Sadhna Devi v. State of U. P. , (1997) 3 SCC 90 : (1997 AIR SCW 1146 : AIR 1997 SC 1120) and Post Graduate Institute of Medical Education and Research, Chandigarh v. K. L. Narasimhan, (1997) 6 SCC 283 : (1997 AIR SCW 2274 : AIR 1997 SC 3687 : 1997 Lab IC 2317). Facts :
(3.) The State of Uttar Pradesh has prescribed a Post-Graduate Medical Entrance Examination for admission to Post-Graduate Degree/diploma courses in medicine. This is in conformity with the relevant Regulations of the Medical Council of India. By G. O. dated 11-10-1994, the State Government fixed a cut-off percentage of 45% marks in the Post-Graduate Medical Entrance Examination (PGMEE) for admission of the general category candidates to the Post- Graduate Courses in Medicine. The cut-off percentage of marks for the reserved category candidates viz. Scheduled Castes, Scheduled Tribes etc. was fixed at 35%. Thereafter, by another G. O. dated 31-8-1995 the State of Uttar Pradesh completely did away with a cut-off percentage of marks in respect of the reserved category candidates so that there were no minimum qualifying marks in the Post Graduate Medical Entrance Examination prescribed for the reserved category candidates who were seeking admission to the Post Graduate Courses.;