DR. PREETI SRIVASTAVA AND ANR. ETC. ETC. versus THE STATE OF MADHYA PRADESH AND ORS.

DR. PREETI SRIVASTAVA AND ANR. ETC. ETC. versus THE STATE OF MADHYA PRADESH AND ORS.

Prescribing widely disparate minimum qualifying marks for reserved and general categories at the post-graduate and super-speciality level is impermissible under Article 15(4) of the Constitution. Only the Medical Council of India may decide standards, and reservation at super-speciality level is contrary to constitutional mandate; merit must prevail. States cannot make rules conflicting with central regulations on standards.

Parties
Petitioner: Dr. Preeti Srivastava; Respondent: The State of Madhya Pradesh; Respondent: The State of Uttar Pradesh
Jurisdiction
India
Judgment Date
10 August 1999
Procedural Posture
Writ Petition (c) No. 290 of 1997 Etc. Etc. / Final Decision; Constitution Bench Judgment
Outcome
Petitions allowed.
Legal Topics
Reservation, Minimum Qualifying Marks, Standards in Higher Education, Conflict Between State and Union Legislation
Constitutional Law Medical Education Reservation Minimum Qualifying Marks Standards in Higher Education Conflict Between State and Union Legislation

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Parties

Dr. Preeti Srivastava

Petitioner

The State of Madhya Pradesh

Respondent

The State of Uttar Pradesh

Respondent

Procedural Posture

Writ Petition (c) No. 290 of 1997 Etc. Etc. / Final Decision; Constitution Bench Judgment

Legal Issues

  1. 1 Whether States can prescribe lower minimum qualifying marks for reserved categories in postgraduate medical admissions.
  2. 2 Whether reservation is permissible at the super-speciality level in medical education.
  3. 3 Whether State legislation/executive orders regarding admission criteria conflict with Medical Council of India Regulations.

Ratio Decidendi

Prescribing widely disparate minimum qualifying marks for reserved and general categories at the post-graduate and super-speciality level is impermissible under Article 15(4) of the Constitution. Only the Medical Council of India may decide standards, and reservation at super-speciality level is contrary to constitutional mandate; merit must prevail. States cannot make rules conflicting with central regulations on standards.

Court Disposition

Petitions allowed.

Orders

  • The Uttar Pradesh Post Graduate Medical Education (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act 1997 and the G.O. dated June 7, 1997 of the State of Madhya Pradesh are set aside.
  • Minimum qualifying marks of 20% for reserved category and 45% for general category at the post-graduate level are not permissible; any dilution cannot exceed 50% of general category and cannot drop below 25%.