Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education medical-Admission to Post-graduate medical courses-Indian Medical Council prescribing certain qualifications for admission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Education, ' medical-Admission to Post-graduate medical courses-Indian Medical Council prescribing certain qualifications for admission-State Government prescribing an additional condition, as regards the selection according to merit of a minimum of 55% and 52% marks in MBBS respectively for admission to Degree and Diploma courses-.Whether the said order is repugnant to or encroaches upon or in conflict with the power of the Central legislature to make laws in respect of matters specified in Entry 66 of List I of the Seventh Schedule to the Constitution-Constitution of India, Article 162 and Entry 25 of List III and Entry 66 of List I of the Seventh Schedule, scope.While the Central Government as well as the Parliament has the power to make laws under Entry 66 of List I of the Seventh Schedule for the purpose of "coordination and determination of standards in institutions for higher education or research and scientific and technical institutions", the State Government by virtue of the executive powers vested under Article 162 of the Constitution has also the power to make laws under Entry 25 of the Concurrent List Ill of the Seventh Schedule in respect of "Education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I; vocational and technical training of labour".In accordance with the provisions of section 33 of the Indian Medical Council Act, 1956, the Medical Council with the previous sanction of the Central Government made the Regulations laying down the standards of proficiency to be obtained and the practical training to be undertaken in medical institutions for grant of recognised medical qualification. The said Regulations lay down the criteria for selection of candidates for post-graduate training and one such criteria is students of post graduate training should be selected strictly on merit judged on the basis of acadamic record in the undergraduate course". While inviting applications by its notice dated 15.10.82 for admission to the various post graduate courses in degree and diploma in the different specialities the State Government issued an order dated 15.12.82, para 6 of which was to the effect that "No candidate shall be eligible for admission to post graduate degree or diploma course, who has obtained less than 55% and 52% marks respectively for the two courses (Degree and Diploma) in merit calculated in accordance with para 2 of the said notice."Some of the candidates who were denied admission on the ground that they have obtained less than the prescribed percentage of marks have approached the Supreme Court under Article 32 of the Constitution and some others have come by way of special leave having lost their Writ petitions before the Allahabad High Court. The only question that arose was the competency of the State Government to prescribe the minimum marks obtained in MBBS for admission to post graduate courses and whether such an order is in conflict with the power of the Central Legislature to make laws in respect of matters specified in Entry 66 of List I of the Seventh Schedule. |
Judge | Hon'ble Mr. Justice B.C. Ray |
Neutral Citation | 1986 INSC 275 |
Petitioner | Dr. Ambesh Kumar Etc. Etc. |
Respondent | Principal, Llrm Medical College Meerut And Ors. Etc. Etc. |
SCR | [1987] 1 S.C.R. 661 |
Judgement Date | 1986-12-19 |
Case Number | 6016 |
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