AMITABH SHRIVASTAVA versus STATE OF MADHYA PRADESH & ORS.

AMITABH SHRIVASTAVA versus STATE OF MADHYA PRADESH & ORS.

Since the minimum qualifying marks were reduced to 43% by executive order without statutory amendment, Rule 9 could not be applied at that stage, and the appellant who secured 43.6% should have been admitted in the reserved category for children of military personnel as per Rule 7.

Parties
Appellant: Amitabh Shrivastava; Respondents: State of Madhya Pradesh & Ors.
Jurisdiction
India
Judgment Date
04 February 1982
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 4.11.1980 of the Madhya Pradesh High Court in Writ Petition No. 167 of 1980
Outcome
appeal allowed
Legal Topics
Admission to Medical Colleges, Reservation of Seats, Minimum Qualifying Marks, Executive Orders
Education Law Constitutional Law Administrative Law Admission to Medical Colleges Reservation of Seats Minimum Qualifying Marks Executive Orders

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Parties

Amitabh Shrivastava

Appellant

State of Madhya Pradesh & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 4.11.1980 of the Madhya Pradesh High Court in Writ Petition No. 167 of 1980

Legal Issues

  1. 1 Whether the reduction in minimum qualifying marks for admission to medical colleges in Madhya Pradesh should be applied to reserved categories after exhausting statutory relaxation and whether Rule 9 allows filling of vacant reserved seats through combined merit list when an executive order lowers qualifying marks further

Ratio Decidendi

Since the minimum qualifying marks were reduced to 43% by executive order without statutory amendment, Rule 9 could not be applied at that stage, and the appellant who secured 43.6% should have been admitted in the reserved category for children of military personnel as per Rule 7.

Court Disposition

appeal allowed

Orders

  • Appellant to be admitted to the M.B.B.S. course for the academic year 1981-82 in the reserved category for children of military personnel (Rule 7(3)(c))
  • No order as to costs