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Case Xiii Brij Mohan Prasad and Others vs. State of U.P. and Others Facts

This case involves a petition filed by Brij Mohan Prasad and others who belong to the Scheduled Castes category and completed their MBBS course. They sought a writ of mandamus directing the state government to conduct counseling for the U.P. Post Graduate Medical Entrance Examination according to an order relaxing qualifying marks to 25% for reserved categories. The court held that Article 335 maintains efficiency in administration and its proviso is only an enabling provision, not mandatory. It is up to the state government to decide on relaxation, not compelled by the constitution. The state government had not made any decision or law relaxing marks to 25% for this exam. Therefore, the petitioners' request was denied.

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Harsha Ammineni
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46 views3 pages

Case Xiii Brij Mohan Prasad and Others vs. State of U.P. and Others Facts

This case involves a petition filed by Brij Mohan Prasad and others who belong to the Scheduled Castes category and completed their MBBS course. They sought a writ of mandamus directing the state government to conduct counseling for the U.P. Post Graduate Medical Entrance Examination according to an order relaxing qualifying marks to 25% for reserved categories. The court held that Article 335 maintains efficiency in administration and its proviso is only an enabling provision, not mandatory. It is up to the state government to decide on relaxation, not compelled by the constitution. The state government had not made any decision or law relaxing marks to 25% for this exam. Therefore, the petitioners' request was denied.

Uploaded by

Harsha Ammineni
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CASE XIII

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?
REASONING:

Art. 16(4) is an enabling provision and Art. 335 of the Constitution are mandatory in
character also speaks of the Constitutional mandate and Constitutional scheme regarding
reservation and making appointment of candidates belonging to Scheduled Castes and
Scheduled Tribes and also backward class.

When the substantive Article 335 is concerned, that has already been held to be mandatory in
character by the Apex Court but the proviso attached to Article 335 by means of 88th
Amendment, is only an enabling provision. The power to make relaxation with respect to

1
2001 Indlaw ALL 399
special class of citizens has been given to the State Government, which power is not to be
exercised necessarily under the aforesaid proviso. It is the prerogative of the State
Government to grant such relaxation as provided under the proviso in case it forms an
opinion to that effect on relevant objective considerations. The State is not under
constitutional mandate to grant such relaxation compulsorily. The proviso cannot go beyond
the scope of substantive provision nor it can run contrary to the substantive Article. Even if
such relaxation as provided in the 'proviso' is to be given, the State would be under the legal
obligation to act according to the constitutional mandate of Article 335 meaning thereby that
there cannot be a compromise with the maintenance of efficiency in administration and if
such a provision is made which runs contrary to the said Article, the same would be
impermissible.

HELD:
Proviso being enabling provision and Concerns with matter of promotion to State services
and not with education Art.335 of the Constitution maintains efficiency in administration and,
therefore, that part of Article is mandatory but the 'proviso' is only an enabling provision. It is
not disputed that the State Government has not taken any decision and has not made any such
law and has not issued any Ordinance or Government order relaxing the minimum qualifying
marks for PGMEE Examination,2000 to 25%.

CASE XIV
RAMJIBANGURCHAIT VS STATE OF WEST BENGAL & ORS.2

FACTS:

The petitioner owns agricultural lands at Bhyarapur in the district of Howrah. He is a


producer as denned by the order. A notice was served upon him to deliver 769 maunds of
paddy to which petitioner filed an appeal against the directive which was dismissed on the
technical grounds. The technical point is unknown and the petitioner has not taken any steps
against it. Mr Gupta appearing on behalf of the petitioner has argued on constitutional point
by reason which he claims the order to be ultra vires the constitution. Thus, it becomes
unnecessary to go into petition in detail. According to Mr. Gupta, he assumed that the
2
AIR 1954 cal 56
purposes of this application are that the law applicable is the Essential Supplies Act 1948 on
the basis of which decision was given.

ISSUE:

Whether the article 31(2) is enabling in effect or not?

REASONING:

 It was clearly pointed out that the essential supplies act is “Enabling Statute” which confers
powers upon the government to do certain things by circulating orders. Thus, the existing law
is merely an enabling statute conferring power to enact a law or order and such enactment is
passed after the constitution. So, it cannot be said that the order passed is exempt from
operation of article 31(2) as enabling statute is an existing law.

CONCLUSION:

Thus, it was concluded that the application fails and must be dismissed. All the rules and
interim orders passed shall also be discharged. Moreover, Interim injunction would continue
for three weeks. A further stay must be obtained after Appeal Court after three weeks’ period
gets over.

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