Search Results Page
Search Results
1 - 4 of 4 (0.24 seconds)Article 320 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Dr. Sadhna Devi & Ors vs State Of U.P. & Ors on 19 February, 1997
The appellant has also placed reliance upon a decision reported in 1997(3)
SCC page 90, Dr. Sadhna Devi & Ors. v. State of U.P. & Ors. It, however,
deals with an entirely different situation. The matter pertains to the
admission to post-graduate course in the medical colleges. An entrance test
was prescribed which also prescribed minimum qualifying marks. But so far
the candidates belonging to S.C. and Scheduled Tribe candidates the
condition of obtaining the minimum qualifying marks was removed by means of
a Circular issued by the State Government. The Circular of the State
Government was challenged by the other candidates,pleading discrimination.
It was found that though regulating the selection procedure was within the
competence of the State Government but prescribing eligibility criteria for
maintaining proper standards, fell within the competence of Medical Council
of India. In that view of the matter, it was held that the State Government
had decided to hold entrance examination for selection instead of merit of
M.B.B.S. examination and thus having prescribed minimum qualifying marks,
it was not open to it to do away with that criteria for reserved category
candidates altogether. It was thus found that once a decision was taken to
prescribe minimum qualifying marks it could not be said by the State
Government that there would be none for the reserved category candidates
since it was within the competence of the Medical Council of India to have
Prescribed the criteria for maintaining proper standards. Therefore, the
stand of the appellant Commission in this case that, it being an
independent body, is not subservient to any authority or the State
Government, hence it is competent for it to lay down minimum efficiency
standards including in the matters which may fall within the purview of
Article 335 of the Constitution, is erroneous.
1