C PRADEEPAN MEDICAL OFFICER Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether there can be different cut off marks for general merit and in-service candidates in the common entrance test for admission to Post Graduate courses is the main issue arising for consideration in this case. There is also an issue as to the lower minimum for the SC/ST/OBC candidates. The case pertains to admission to the Post Graduate Degree/Diploma courses, 2006 under the Directorate of Medical Education, in the case of in-service candidates belonging to Scheduled Caste/Scheduled Tribe communities. Ext. P5 is the prospectus published on 14.12.2005. The common entrance test was conducted on 11.2.2006 and Ext. P4 select list was published on 20.2.2006. The Writ Petition is filed on 7.3.2006. The contention of the petitioners is that as far as in-service candidates are concerned, without any distinction as to the community they belong to, all candidates should secure 50% marks. The contention of the respondents is that as per the Medical Council of India Post Graduate Medical Education Regulations, 2000, the candidates belonging to SC/ST and Other Backward Class (SEBC) need only secure 40% marks.

(2.) Regulation 9 reads as follows:

(3.) Inviting reference to the decision of the Supreme Court in State of MP v. Gopal D. Tirthani it is submitted that the requirement of 40% for the reserved communities is only in the case of general merit candidates and not in the case of in-service candidates. It is seen from the said judgment that the Supreme Court has made it clear that the Regulations framed by the Medical Council of India are binding on the State Governments and in case any State has a case for making a departure from the Regulations, it is for such State to represent the matter to the Central Government or Medical Council of India. Paragraph 36 of the judgment deals with the conclusions on the principles. Paragraph 362 deals with the issue under consideration. The same reads as follows: