Brij Mohan Prasad and Others vs. State of U.P.

and Others1

FACTS

The petitioners, who belong to the Scheudled Castes category and have successfully
completed their MBBS Course, have approached this Court u/art. 226 of the Constitution of
India for fixing 25 percent marks as minimum qualifying marks for the U.P. Post Graduate
Medical Entrance Examination, 2000. The petitioners have sought for issuance of a writ of
mandamus by commanding the State Government to conduct the counselling of U.P. Post
Graduate Medical Enterance Examination (PGMEEE), 2000 in accordance with the order
dated 22-9-2000 said to have been issued by the Governor of the State. Further prayer has
been made that a writ of mandamus be issued directing the opposite parties to issue
necessary orders in respect of relaxation in qualifying marks as per amended provisions
u/art. 335 of the Constitution. This order which is said to have been passed by the Governor
of the State of U.P. is dated 22-9-2000 This order which is in the shape of a letter, starts
with the address, "PriyaMahoday", and further encloses the representation made by the
Uttar Pradesh AnusuchitJati/Janjati Doctors Association, in which relaxation in the
qualifying marks for a PGMEEE, 2000 has been claimed u/art. 335 of the Constitution in
view of the 88th Amendment of the Constitution. The Chief Minister was requested to relax
the qualifying marks by fixing them as 25 per cent for reserved category candidates and till
such decision is taken by the State Government, the counseling with respect to the reserved
seats was stayed.

ISSUES:
Whether relaxation permissible under proviso to Article 335?

1
2001 Indlaw ALL 399