PATNA HIGH COURT KAILASH BIHARI THAKUR Vs. BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION HONBLE JUDGES:BARIN GHOSH AND J.N.SINGH JJ.

JUDGEMENT

(1.) THE appellants sat in an examination held on 6th August, 2000 for being selected for pursuing Post Graduation course in Medical Colleges.

(2.) On 20th October, 2000 they were called at counseling. They were thereupon permitted to be admitted in the Post Graduation course in Ranchi Medical College. Such permission was thereafter withdrawn. They were once again asked to participate in counseling. They did so, but nothing happened thereafter. In the circumstance, the appellants approached this court by filing a writ petition. While contesting the writ petition, respondents disclosed that in the examination appellants got less than 50 per cent marks and in view of the decision of the Medical Council of India dated 7th October, 2000 a candidate, for being eligible to pursue Post Graduation course in Medical Colleges, is required to have at least 50 per cent marks in the entrance examination. It was contended by the respondents that in those circumstances, ultimately, the appellants were not given a berth in the Post Graduation course in any of the Medical Colleges in the State. A learned Single Judge of this court having noted the decision of the Medical Council of India, dated 7th October, 2000 refused to entertain writ petition and hence the appellants are before us. Learned counsel for the appellants submitted that prior to 7th October, 2000 Medical Council of India did not make any stipulation as to the mode and method of selecting candidates for pursuing Post Graduation course in Medical Colleges. It was submitted that Medical Colleges were competent to admit in their Post Graduation course candidates either on the basis of marks obtained by them in graduation examination or on the basis of written examination conducted by them. Learned counsel further submitted that in relation to written examination to be conducted, there was no direction as regards fixation of any particular benchmark. Learned counsel further submitted that prospectus and other materials also did not indicate that a benchmark of 50 per cent would be fixed, instead of giving a berth on the basis of merit. Learned counsel submitted that this court in various judgments has held that it would not be appropriate to keep vacancy in technical courses and accordingly, efforts should be made to select candidates on merit.

(3.) SELECTION of benchmark by the selector, while exercising option to conduct examination, instead of giving admission on the basis of marks obtained at the University examination, is one thing and fixation of benchmark by a statutory authority for that purpose is different. In the instant case, benchmark had been fixed by a statutory authority namely, Medical Council of India. Unless the court pronounces that fixation of such benchmark was inappropriate and accordingly quashes the same, the court cannot avoid or evade the same. It was not urged before the triai court, nor it has been urged before us that fixation of such benchmark by the Medical Council of India was not appropriate or erroneous and accordingly neither writ court, nor we have any opportunity to go into the same.