OMBIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All the above writ petitions have been filed by the doctors who after passing the M.B.B.S. examination, appeared for the Post-Graduate Medical Entrance Examination (PGMEE) held by the Lucknow University in the year 1992, but remained unsuccessful as they secured less then 50% marks which were necessary for the students of general category and 40% marks for SC/ ST according to the rules for admission applicable for Post-Graduate course. On 14-7-1992 we passed a detailed order and so far as 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 concerned the same were held to be legal and it was further held that no exception can be taken to the same. It was however, contended on behalf of the petitioners that as a result of the application of the aforesaid rule a large number of seats have remained vacant and in view of the observations made in Dr. Ambesh Kumar v. Principal, LLRM Medical College Meerut, (1987) 1 SCR 661 such a situation must be avoided and the remaining seats should be filled up by applying different criteria, the cases were postponed for further hearing.

(2.) We have heard learned counsel for the parties and have thoroughly gone through the record. So far as the validity of the admission rules fixing 50% marks for the general category candidates and 40% marks for the SC/ST category candidates to be obtained at the entrance examination as minimum qualifying marks for being eligible for admission to the Post-Graduate medical courses, the same are not subject to any challenge as we have already held the same to be legal in our order dated 14-7-1992. Learned counsel for the petitioners made strenuous effort to persuade us to take a different view, but they failed in the said attempt. It may be further mentioned that this Court in Ajay Kumar Agrawal v. State of U. P., (1991) 1 SCC 636 observed as under:

(3.) The matter again came up for consideration before this Court and in State of Uttar Pradesh v. Dr. Anupam Gupta, AIR 1992 SC 932 , it was held as under:- (Para 9)