RAJIV KAPOOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The method and criteria to be followed in the matter of selection of candidates for admission to Post Graduate Degree and Diploma courses in Medicine from amongst Haryana Civil Medical Service (for short 'HCMS') candidates for the academic session 1997 in Pt. B.D. Sharma Post Graduate Institute of Medical Sciences affiliated to Maharishi Dayanand University is the subject matter of controversy in these appeals. The controversy is limited to admission of 19 and 14 caniddates respectively to post Graduate Degree and Diploma courses in Medicine during the academic year in question for HCMS candidates and does not include any consideration of candidates either in open merit category or to be filled up on All India basis.

(2.) The petitioners before the High Court claimed that as per the norms and criteria proclaimed in the Prospectus issued by the medical college in question, selection for admission could be made only on the basis of marks obtained by a candidate in the entrance examination held for the purpose. But the contesting respondents, some of whom are the appellants before this Court as well as the State of Haryana contended that the marks obtained in the entrance examination only entitled them to be called for interview, being only a qualifying test rendering the candidates eligible for admission and that the final selection of the HCMS candidates against the reserved seats was required to be made by the Selection Committee constituted for the purpose on the basis of the specified criteria stipulated by the Government from time to time, based on the academic career, experience, rural service, annual confidential reports and marks obtained at the interview.

(3.) The claim of the writ petitioners before the High Court found favour with the Division Bench of the High Court, which allowing their writ petition directed the cancellation of the admission given to contesting respondents before the High Court and directed selections of HCMS candidates for admission to PG courses to be made only on the basis of merit, as per the marks obtained in the written entrance examination and to admit the selectees within the stipulated time. In coming to such a conclusion the High Court appears to have been influenced by the fact that the Prospectus, once issued had the force of law and the Government had no right to issue any contra instructions in the matter. It was found that the orders of the Government dated 21-5-1997 issued in restatement of the pre-existing criteria stipulated by the Government had the consequence of upsetting the entire criteria for selection of HCMS candidates, as prescribed in the Prosepctus and was impermissible. consequently, C.W.P. Nos. 8158, 8259 and 8334 of 1997 filed by respondents 4 to 8 in these appeals were allowed by the High Court.