Ombir Singh and ors. etc. etc. Vs. State of U.P. and ors.
EmailAppeal: Writ Petitions (Civil) Nos. 451, 453, 454, 493, 456 of 1992.
Petitioner: Ombir Singh and ors. etc. etc.
Respondent: State of U.P. and ors.
Apeal: Writ Petitions (Civil) Nos. 451, 453, 454, 493, 456 of 1992.
Judges: LALIT MOHAN SHARMA & N.M. KASLIWAL, JJ.
Date of Judgment: Jul 14, 1992
Head Note:
EDUCATION
Admission to Post Graduate Medical Colleges
Admission – Selection through entrance examination – Eligibility – Rules specifying 50% minimum qualifying marks for general category and 40% for SC/ST category held as validly made and not open to challenge – Notice issued as regards the question of filling up of vacant seats by applying another rule.
Cases Reffered:
1. Dr. Ambesh Kumar etc. etc. v. Principal, LLRM Medical College, Meerut and anr. etc. etc., 1987 (1) SCR 661.
JUDGEMENT:
RECORD OF PROCEEDINGS
1. We have heard the learned counsel for the petitioners. We do not accept some of their arguments and hold that :-
a) the admission rules fixing 50% of the marks to be obtained at the entrance examination as minimum qualifying marks for admission to the Post-Graduate Medical courses are legal and no exception can be taken to the same;
b) the admission of the large number of applicants made on the basis of the above rules and in pursuance of our judgment in Writ Petition No. 964/91 dated May 15, 1992 have been validly made and are not open to challenge;
c) the plea that fixing different minimum qualifying marks for admission for the general seats and the seats reserved for Scheduled-Castes and Scheduled-Tribes has been raised very belatedly by these writ applications filed in June, 1992 and cannot be entertained in the present facts and circumstances.
2. It has been further contended that as a result of the application of the aforesaid rules a large number of seats could not be filled up and have remained vacant and in view of the observations made in Dr. Ambesh Kumar etc. etc. v. Principal, LLRM Medical College, Meerut and anr. etc. etc. : 1987 (1) SCR 661, at 672 such a situation must be avoided. The remaining seats, therefore, should be filled up by applying different criteria.
3. The question arises as to whether in the present circumstances it is permissible to take up the question of filling up the remaining vacant seats by applying another rule on the ground that a completely different situation arises at this stage attracting other relevant considerations; and further whether the authorities ought to take such steps. In reply to our query a statement was made at the bar that the present session has not started so far and if further admissions are made by relaxing the condition, nobody is going to suffer on any ground including that of delay. We, therefore direct that notice should issue and the cases should be placed for further hearing before us at 2.00 P.M. on Monday, the 20th July, 1992. The respondents, who are represented by counsel, assure us that they would get ready for final disposal of the cases on that day. Let the Medical Council of India also be added as a party and let notice issue. The learned counsel for the petitioners have prayed for Dasti mode of service which is allowed. All necessary steps will be taken up by the Registry tomorrow that the notice may be immediately issued.
Sd/-
Court Master.
1. We have heard the learned counsel for the petitioners. We do not accept some of their arguments and hold that :-
a) the admission rules fixing 50% of the marks to be obtained at the entrance examination as minimum qualifying marks for admission to the Post-Graduate Medical courses are legal and no exception can be taken to the same;
b) the admission of the large number of applicants made on the basis of the above rules and in pursuance of our judgment in Writ Petition No. 964/91 dated May 15, 1992 have been validly made and are not open to challenge;
c) the plea that fixing different minimum qualifying marks for admission for the general seats and the seats reserved for Scheduled-Castes and Scheduled-Tribes has been raised very belatedly by these writ applications filed in June, 1992 and cannot be entertained in the present facts and circumstances.
2. It has been further contended that as a result of the application of the aforesaid rules a large number of seats could not be filled up and have remained vacant and in view of the observations made in Dr. Ambesh Kumar etc. etc. v. Principal, LLRM Medical College, Meerut and anr. etc. etc. : 1987 (1) SCR 661, at 672 such a situation must be avoided. The remaining seats, therefore, should be filled up by applying different criteria.
3. The question arises as to whether in the present circumstances it is permissible to take up the question of filling up the remaining vacant seats by applying another rule on the ground that a completely different situation arises at this stage attracting other relevant considerations; and further whether the authorities ought to take such steps. In reply to our query a statement was made at the bar that the present session has not started so far and if further admissions are made by relaxing the condition, nobody is going to suffer on any ground including that of delay. We, therefore direct that notice should issue and the cases should be placed for further hearing before us at 2.00 P.M. on Monday, the 20th July, 1992. The respondents, who are represented by counsel, assure us that they would get ready for final disposal of the cases on that day. Let the Medical Council of India also be added as a party and let notice issue. The learned counsel for the petitioners have prayed for Dasti mode of service which is allowed. All necessary steps will be taken up by the Registry tomorrow that the notice may be immediately issued.
Sd/-
Court Master.
