Mohammad Rafiq, J. - (1.) THIS writ petition has been filed with the prayers that Regulation 9 of Post Graduate Medical Education Regulations 2000 be declared unconstitutional to the extent of not providing relaxation to the female candidates in securing qualifying marks for Pre P.G. Medical Examination and the respondents be directed to prescribe 40% minimum marks for eligibility of admission to Post Graduate Medical Course and be further directed to treat the petitioners eligible on the basis of 40% and more marks secured by them in such examination and admit them to P.G. Medical Course and alternatively a further direction against the respondents has been sought for that they should conduct fresh Pre P.G. Medical Examination after prescribing 40% qualifying marks for female candidates.
(2.) I have heard Shri Ashok Gaur, the learned Counsel for the petitioners and Shri R.A. Katta, the learned Counsel for the respondents. Shri Ashok Gaur, the learned Counsel for the petitioner argued that when the Medical Council of India in Clause (9) of the Regulations of 2000 has applied a different yardstick for the members of S.C., S.T. and OBC in providing relaxation as to minimum qualifying marks, treating the females differently for whom also the reservation to the extent of 30% has been provided, is per se illegal and liable to be declared unconstitutional. Learned Counsel argued that the petitioners have secured more than 40% marks but their percentage in any case is higher than those who have been held eligible for admission at 40% of the minimum marks. Different treatment accorded to the female candidates is therefore arbitrary, unseasonable, discriminatory and violative of Article 14 of the Constitution of India.
(3.) SHRI R.A. Katta, the learned Counsel for the respondent opposed the writ petition and argued that the petitioner having fully known that the minimum qualifying marks was 50% for both males and females who are not natural born S.C., S.T. and O.B.C. and appeared in the Pre P.G. Post Graduate Examination, 2007 and now failed to secure minimum marks prescribed i.e. 50%, cannot be permitted to assail the validity of Clause 9 of the Regulations of 2000. Shri Katta referred to the judgment of the Hon 'ble Supreme Court in Harish Verma and Ors. v. : AIR2003SC3371 and argued that the Hon 'ble Supreme Court in that case has authoritatively held that the State Government or the University have no competence to alter or modify the minimum qualifying marks prescribed by Medical Council of India in Clause (9) of the Regulations of 2000. It was argued that the females of general category cannot be treated at par with S.C., S.T. and O.B.C. for whom special provisions exists in the Constitution as well as in the Regulations of 2000. It was therefore prayed that the writ petition be dismissed.;