P.K.SATHEESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) All the Writ Petitions are connected. I shall refer to the parties and exhibits in W.P. (C) No. 16697 of 2013 for the sake of convenience. The qualifying criteria for eligibility for admission to Post Graduate Medical Courses in the year 2013 as set out in Ext. P4 prospectus issued by the Government of Kerala is as follows:-

(2.) Thus there are three categories, viz., (1) General (2) Scheduled Caste/Scheduled Tribes/Socially and Educationally Backward Classes and (3) Physically Disabled for whom the passing criteria has been fixed at 50th percentile, 40th percentile and 45th percentile respectively. The term 'percentile' has also been explained in Ext. P1 Information Bulletin of NEET as follows:-

(3.) The proviso to Clause IV(d) of Ext. P4 Prospectus only enables the Central Government in consultation with the Medical Council of India to lower the minimum marks required for admission to PG courses for candidates belonging to 'respective categories'. The respective categories are indicated as (1) General (2) SC/ST/SEBC and (3) PD in the earlier part of Clause IV(d) of Ext. P4 prospectus and do not admit of any ambiguity. The power to lower the minimum marks in the respective categories can be exercised only when sufficient number of candidates in the 'respective categories' fail to secure the minimum marks as prescribed in the NEET held for admission to PG courses. (The NEET and the admission procedures conducted this year has been saved by the judgment dated 18.7.2013 in T.C. (C) No. 98/2012 and connected cases by the Supreme Court.)