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Jharkhand High Court · body

2005 DIGILAW 635 (JHR)

Chandra Lekha Bhagat v. State Of Jharkhand

2005-08-19

M.Y.EQBAL

body2005
ORDER M.Y. Eqbal, J. 1. In this writ application the short question that falls for consideration is as to whether the decision of the respondent State in relaxing the cut off/qualifying marks fixed by the Medical Council of India for Scheduled Castes/ Scheduled Tribes candidates for the purpose of admission in the medical colleges is justified. 2. Petitioners who are the General and OBC category candidates appeared in the Joint Entrance Competitive Examination, 2005 for admission in the MBBS Courses in different medical colleges in the State of Jharkhand. Petitioners case is that, according to the Rules of Medical Council of India in order to qualify the examination, general category candidates must have to secure 50% marks in Physics, Chemistry and Biology. However, so far candidates belonging to Scheduled Castes, Scheduled Tribes and other backward classes categories are concerned, they have to secure minimum 40% marks in all the subjects. By advertisement No. 23/05 dated 17.6.2005 respondent No. 4, Controller of Examination, Jharkhand Combined Entrance Competition Examination Board, Ranchi issued a direction for counselling group-wise of those candidates who were declared successful. Notwithstanding, the cut off marks fixed as aforesaid, candidates belonging to ST/SC/OBC Groups having lesser marks than the qualifying marks of 40% have also been permitted to appear in the counselling. The grievance of the petitioners is that due to relaxation in the cut off marks given to the reserved category candidates, they may not get chance for admission in the MBBS Courses. 3. The Examination Board in their counter-affidavit have stated that the Department of Health, Education and Family Welfare vide letter dated 5.5.2005 directed the Board to follow the norms fixed by the Medical Council of India in respect of the qualifying marks for the purpose of admission in different medical colleges. However, the Government vide letter dated 23.6.2005 withdrew the above letter and requested the Board to publish the result as previous year where there were no minimum fixed qualifying marks. Accordingly. Counselling was held and was completed on 16.7.2005 and names were recommended to different medical colleges for admission. 4. The Department of Health and Family Welfare, Govt. of Jharkhand in their counter-affidavit took the stand that the Jharkhand Entrance Examination Board decided to fix cut off marks on the basis of the regulation of the Medical Council of India i.e., 50% marks for General Category and 40% marks for reserved category candidates. 4. The Department of Health and Family Welfare, Govt. of Jharkhand in their counter-affidavit took the stand that the Jharkhand Entrance Examination Board decided to fix cut off marks on the basis of the regulation of the Medical Council of India i.e., 50% marks for General Category and 40% marks for reserved category candidates. On that basis results were published but only two (2) Schedule Tribe category candidates against 38 seats earmarked for them and four (4) Scheduled Tribes candidates against 15 seats earmarked for them came out successful. This was communicated by the Controller of Examination of the Board. Since there was no mention of the facts regarding cut off marks in the prospectus and it was also found that till last year the students secured less than the qualifying marks were admitted in MBBS Courses, the Govt in all fairness decided to follow the criteria adopted till last year and will enforce the regulation from the next year after giving proper publicity of the facts in the prospectus. On the basis of this decision, counselling was conducted on 15.7.2005 and 16.7.2005 and the students belonging to the SC/ST category have been admitted in three different medical colleges of the State. 5. Learned Advocate General in order to justify the decision of the Government, firstly contended that in the notice inviting applications from the eligible candidates for admission in the MBBS Courses as also in the prospectus issued by the Jharkhand Combined Competitive Examination, it was incumbent upon the Government to mention that the General Category candidates and the Reserved Category candidates shall have to secure 50% and 40% marks respectively in the entrance examination in order to consider their cases for counselling. Learned Advocate General submitted that initially the Examination Board was directed by the Government to fix 50% and 40% cut off marks for the general and reserved category candidates and on that basis results were declared. But it was found that only two(2) scheduled tribe category students have secured the requisite marks as against 38 seats earmarked for them. Similarly, only four(4) scheduled tribe candidates came out successful against 15 seats earmarked for them. The Government, therefore, took a policy decision to relax the said cut off marks of the ST/SC candidates. But it was found that only two(2) scheduled tribe category students have secured the requisite marks as against 38 seats earmarked for them. Similarly, only four(4) scheduled tribe candidates came out successful against 15 seats earmarked for them. The Government, therefore, took a policy decision to relax the said cut off marks of the ST/SC candidates. Learned Advocate General submitted that the candidates belonging to OBC category have 14% reservation but they have got 61 to 65% seats of the General Category. Learned Advocate General submitted that in the special facts and circumstances, the Government took such policy decision, which is not arbitrary. Lastly the Advocate General submitted that on the basis of relaxation given by the Government, counselling was held and candidates belonging to ST/SC category have already been admitted in different medical colleges of the State. 6. There is no dispute that as per Regulation of Medical Council of India for admission in MBBS Courses, the cut off marks fixed for the general category candidates is 50% and for the reserved category candidates is 40%. It is also not disputed by the petitioners that this condition has not been mentioned either in the notice inviting applications or in the prospectus. It was also found that till last year the regulation of the Medical Council of India in the matter of fixing the cut off marks for the candidates belonging to Scheduled Castes/Scheduled Tribe was not followed. This year also, because of the fact that as against 38 reserved seats for Scheduled Tribes students, only two students were declared successful and four students in the Scheduled Caste category were declared successful against their fifteen reserved seats, the Government, therefore, decided to relax the cut off marks for the reserved category candidates so that some more students belonging to Scheduled Castes/Scheduled Tribes categories be taken admission. Based on this decision, counselling was conducted and students belonging to SC/ST categories have been admitted in three different Medical Colleges of the State in the month of July, 2005. 7. Respondent State in the counter-affidavit has undertaken to strictly follow the regulation of the Medical Council of India from next year after giving proper publicity of this fact in the prospectus. 8. Tribals are socially and educationally backward in the State of Jharkhand. By giving relaxation some of the SC/ST students have got admission in the different Medical Colleges. 7. Respondent State in the counter-affidavit has undertaken to strictly follow the regulation of the Medical Council of India from next year after giving proper publicity of this fact in the prospectus. 8. Tribals are socially and educationally backward in the State of Jharkhand. By giving relaxation some of the SC/ST students have got admission in the different Medical Colleges. But at the same time all other students in Backward Class category have also got admission as per the reservation quota. 9. The contention of the petitioner is that seats reserved for SC/ST category should be filled up by the OBC category. The students who got admission on the basis of regulation given by the respondents have not been impleaded as party respondents in this writ petition. It would not be proper to cancel their admission in their absence and without hearing them. 10. In the case of "Aarti Gupta and Ors. v. State of Punjab and Ors." AIR 1988 SC 481 , a similar question arose before the Supreme Court for consideration. The order by which the President of India lowered down the percentage of pass marks in PNT for Scheduled Castes and Scheduled Tribes candidates for admission in MBBS/BDS Courses in the State Medical/Dental Colleges from 35% to 25% was challenged. In the affidavit filed by the Medical Council of India it was averred that Medical Council of India has fixed minimum marks for admission to Medical Courses on the recommendation of the Expert Body who had taken all facts and circumstances into consideration. This was done for maintaining proper medical standards in the Medical Colleges or institutions. The Supreme Court after considering the argument observed : "Now that this legal ground has failed, the other three questions raised by learned Counsel for the appellants may be examined. As pointed out in Nivedita Jains case AIR 1981 SC 2045 , the selection is at two stages. The Medical Council prescribed is a percentage of marks as the basic minimum to be obtained in the qualifying examination (conducted by the University) and qualified candidates seeking admission, a further selection becomes necessary to eliminate candidates in excess of the available seats. The candidates belonging to the Scheduled Castes and the Scheduled Tribes who applied for admission and were to be subjected to selection must have secured appropriate marks in the qualifying examination and otherwise they could not have applied. The candidates belonging to the Scheduled Castes and the Scheduled Tribes who applied for admission and were to be subjected to selection must have secured appropriate marks in the qualifying examination and otherwise they could not have applied. The plea which is raised before us, namely, that there would be an element of estoppel and the action would be branded as arbitrary would certainly have arisen in the case of Nivedita Jain (supra), but the Court did not find the total abolition of the percentage qualification as either arbitrary or hit by rules of estoppel. Reservation is not in dispute. The State Government had really intended that 100 seats should go to the candidates of Scheduled Castes and Scheduled Tribes. When in the selection test that number of candidates was not available, the question of reduction of the qualifying marks arose. In the facts of the case, we are not prepared to accept the contention of Dr. Singhvi that Governments action is arbitrary. In fact, the short affidavit filed by the respondents indicates clearly under what circumstances the variation was made. We do not think that there is any force in the plea of estoppel. "It is disputed that after the percentage was reduced in the qualifying standard all the 68 seats have been filled up by Scheduled Castes and Scheduled Tribes candidates and teaching has begun from September. It is a fact that these 68 candidates are not before us as they have not been impleaded. It would not be open to us to cancel their admission behind their back, nor would it be possible to require the State Government to create additional seats to accommodate the appellants therein." "Before we part with the appeal we think it appropriate to indicate that the standard of medical profession should not be compromised in national interest. There has been perceptible fall in national standards and general efficiency of the professional men. While it is not necessary for us to say anything against reservation, we approve of the concern shown by the Indian Medical Council that high standards of efficiency should be maintained and that can only be possible if the State and the Council co-operate to maintain a high standard. This aspect should be kept in view while guidelines are prescribed for selection to students for the medical courses. This aspect should be kept in view while guidelines are prescribed for selection to students for the medical courses. The impugned Notification of the State Government shows that the reduction is confined for this year. We hope there would not be necessity for a repetition of this action." 11. Keeping in view the constitutional mandate as contained in Articles 15(4), 46 and 335 of the Constitution of India and also considering the submission made by the learned Advocate General that the regulation of Medical Council of India shall be strictly followed by the Government from the next year, I do not find any justification to quash the decision of the Government and consequently cancel the admission of SC/ST candidates. But at the same time, I direct the respondents to strictly follow the regulation of the Medical Council of India from the next year and do not come to a policy decision particularly in the matter of admission in Medical Courses. 12. With the aforesaid direction this writ petition is disposed of.