BRIJ MOHAN PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioners, who belong to the Scheudled Castes category and have successfully completed their MBBS Course, have approached this Court under Article 226 of the Constitution of India for fixing 25 per cent marks as minimum qualifying marks for the U.P. Post Graduate Medical Entrance Examination, 2000.

(2.) The laying down of qualifying marks for the U.P. Post Graduate Medical Entrance Examination has been the subject matter of controversy even in previous years and is in litigation this year also. The recommendations made by the Medical Council of India and the directions issued by the Court have not yet been able satisfy some of the candidates in respect of fixation of qualifying marks. The maintenance of high standardes particularly in Science and Professional knowledge like medical profession, giving a chance to the most talented and meritorious students and selecting the most meritorious candidates and maintaining efficiency in administration or some out of the many objects for laying down the minimum marks which are propagated every now and then.

(3.) The reservation in favour of the Scheduled Castes candidates or other candidates who belong to the reserved category, has been made in accordance with Constitutional mandate and the law propounded by the Supreme Court in various cases. Reference may be made to the case of Indira Suwhney v. Union of India, reported in 1992 Supplement (2) SCC 216 (1992 AIR SCW 3682)