JITENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) REGULATION 9 of the Postgraduate Medical Education Regulations, 2000, as amended vide Postgraduate Medical Education (Amendment) Regulations 2010, stipulated that in order to be eligible for admission to any postgraduate course in a particular academic year, it shall be necessary for a candidate to obtain minimum of marks at 50th percentile in National Eligibility-cum-Entrance Test for Postgraduate courses held for the said academic year. The said percentile was fixed at 40 in case of candidates belonging to SC/ST and OBCs, and at 45 percentile in case of candidates with the locomotory disability of lower limbs. The percentile was to be taken on the basis of highest marks scored in the All India Common Merit List in the National Eligibility-cum-Entrance Test for Postgraduate Course. The proviso to the said Regulations provided that when sufficient number of candidates in the respective categories fail to secure minimum marks as prescribed in National Eligibility-cum- Entrance Test held for any academic year for admission to Post Graduate Courses, the Central Government, in consultation with Medical Council of India, may at its discretion lower the minimum marks required for admission in Post Graduate Course, for candidates belonging to respective categories and courses each year. The aforesaid entrance test known as National Eligibility-cum-Entrance Test (NEET), and the aforesaid percentile was also notified in the prospectus issued by the said respondents.

(2.) VIDE letter dated 31.5.2012, the respondent no.1, Government of India informed referring to the representation of SC/ST students received from National Commissions for Scheduled Caste stating therein that despite securing 50% or higher marks in NEET PG, 2012, they were unable to qualify the examination on account of their percentile being less than 40, informed respondent no.2 that as per PG Medical Education Regulations, the Central Government, in consultation with MCI, had relaxed the qualifying percentile so that the students of SC/ST/OBCs who had secured 40% or above marks, PH 45% or above and UR 50% or above respectively were qualified for admission to the Post Graduate Course. The respondent no.1 was requested to declare the result accordingly. Pursuant to the aforesaid letter, the respondent no.2, vide communication dated 4.6.2013, revised the result of the candidates who had appeared in the said examination. Being aggrieved from the aforesaid decision of the Government and communication dated 4.6.2013 issued by the respondent no.2, the petitioners are before this Court by way of this writ petition, primarily on the ground that (i) the Regulations framed by the MCI envisaged preparation of the qualified list on the basis of percentile and not on the basis of marks, (ii) there was no consultation between the Central Government and MCI and (iii) there was no ground to lower the percentile since sufficient numbers of candidates were available in all the categories except ST category. The petitioners are accordingly seeking quashing of the aforesaid letter dated 31.5.2013 and the circular dated 4.6.2013, with direction for taking counseling in accordance with notification dated 27.2.2012.

(3.) IN its counter affidavit, the respondent no.3 MCI has stated that the Central Government before issuance of the impugned letter dated 31.5.2013 has consulted the Board of Governors, constituted in supersession of Medical Council of India.