Is this really true, or am I missing something ? Check out the bold section. I can't believe scoring 15%, 20% or even 40% would be enough!
For nation's sake, says SC, no quotas in super-specialities
UNITED NEWS OF INDIA
NEW DELHI, AUGUST 12: In a landmark judgement, the Supreme Court has ruled that merit alone can be the basis of selection of candidates for admission to the super-speciality courses in medicine and engineering.
``No special provisions for the purpose are permissible, they being contrary to national interest,' the court added.
The ruling was handed down by a five-judge constitution bench comprising Chief Justice A S Anand, Justices S B Majumdar, Sujatha V Manohar, K Venkataswami and V N Khare, while disposing of a batch of appeals, writ petitions and review petitions concerning admissions to the medical and engineering courses in various states.
The court struck down the Uttar Pradesh post-graduate medical education (reservation for Scheduled Castes, Scheduled Tribes and other backward classes) Act, 1997, reducing the minimum qualifying marks from 35 per cent to 20 per cent for the reserved category candidates for admission to post-graduate medical courses.
Similarly, the court struck down theGovernment order dated June 7, 1997 of Madhya Pradesh, prescribing minimum percentages of qualifying marks for the reserved category of candidates -- Scheduled Castes (20 per cent), Scheduled Tribes (15 per cent) and other backward classes (40 per cent).
The court made it clear that the students who had already taken admission and who were pursuing courses of post-graduate medical study under the impugned act and government order would not be affected. ``Our judgement will have prospective application,' the bench said.
Further, pending consideration of the question of qualifying marks for admission to post-graduate medical courses by the Medical Council of India, the two states -- UP and MP -- may follow the norms laid down by the MCI for lowering of marks for admission to the under-graduate MBBS courses at the post-graduate level also as a temporary measure until norms are laid down.
The court said the purpose of reservation, if permissible at this level (post-graduate), was to ensure that reservedcategory candidates having the requisite training and calibre to benefit from the post-graduate medical courses and rise to the standards which were expected of persons possessing post-graduate medical qualification, were not denied this opportunity by competing with general category candidates.
``The general category candidates do not have any social disabilities which prevent them from giving their best. The special opportunities which is provided by reservation cannot, however, be made available to those who are substantially below the levels prescribed for the general category candidates.
``It will not be possible for such candidates to fully benefit from the very limited and specialised post-graduate training opportunities which are designed to produce high calibre, well-trained professionals for the benefit of the public. Article 15 (4) of the Constitution and the spirit of reason which permeates it do not permit lowering of minimum qualifying marks at the post-graduate level to 20 per cent for thereserved category as against 45 per cent for the general category candidates. It will be for the MCI to decide whether such lowering of percentage is permissible and if so to what extent,' the court observed.
The court further observed: ``In the meanwhile at least the norms which are prescribed for admission to the MBBS courses ought not to be lowered at the post-graduate level. The marks cannot be lowered further for admission to post-graduate medical courses, especially when at the super speciality level it is the unanimous view of all the judgments of this court that there should be no reservation. This would also imply that there can be no lowering of minimum qualifying marks for any category of candidates at the level of admission to the super speciality courses.'
The court said the speciality and super speciality courses in medicine also entail on-hand experience of treating or operating on patients in the attached teaching hospitals. Those undergoing these programmes are expected to occupy postsin the teaching hospitals or discharge duties attached to such posts. The elements of Article 335 of the Constitution, therefore, colour the selection of candidates for these courses and the rules framed for this purpose.
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