May 30, 2019:
Supreme Court has held that it is not for the courts to decide the percentile even if rules provide for lowering of standard in some circumstances.
A bench of Chief Justice Gogoi and Justice Bopanna has passed the order in the case titled as KAUSHAL SINGH vs UNION OF INDIA on 30.05.2019.
Supreme Court observed "We are afraid any mandamus can be issued directing the government/Medical Council of India (MCI) to lower down the percentile".
It taken note of the relevant rule saying "Though Rule permits the government in consultation with the MCI to lower down the percentile, it is ultimately for the government/MCI to take appropriate decision to lower down the percentile".
It then expressed its opinion as "However, no mandamus can be issued directing the government/MCI to lower down the percentile".
Ultimately, the supreme Court dismissed the Writ Petition.
Read the Order here:
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