NISHI MAGHU Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) THE selection of candidates admitted to the government Medical College, Jammu, for the academic year 1979-80 is challenged in these petitions under Article 32 of the Constitution by some of the candidates who were not selected. By notification published in the Jammu and Kashmir Government Gazette on 21/06/1979 applications were invited for admission to the M. B. B. S. course in the aforesaid college. Only those candidates who had passed the Pre-Medical or Inter-Science or First Year T. D. C. (Medical Group) examination from the University of Jammu or any other equivalent examination and had secured not less than 50 per cent marks in science subjects in aggregate (theory and practical) were eligible to apply for admission; however, for scheduled castes, scheduled tribes, Bakarwal and Gujjar candidates and candidates from Ladakh district and 'bad pockets' the qualifying marks was 45 per cent. Candidates who had been selected or nominated by the government of Jammu and Kashmir or had been already selected by a selection committee constituted by the government for any training course in or outside the State were not eligible to apply or to appear for interview for admission to this college. THE notification added: "Comparative merit of the candidates will be adjudged with respect to physical fitness, aptitude, personality, general knowledge and general intelligence in the interview, for which marks will be awarded according to the performance of the candidates". It was further provided that the selection would be made in accordance with the manner and procedure laid down in the various orders issued by the government from time to time. THE total number of seats filled by selection in this college for the year 1979-80 was 52. THE candidates numbered 526, out of which 473 actually appeared for interview. In addition 10 seats were filled by candidates nominated by the government. It appears from the supplementary affidavit filed on behalf of the State of Jammu and Kashmir that the nominations had to be made only from two sources: wards of non-resident Defence personnel, and students from other States.

(3.) . About two years later, on 21/04/1976 another order was issued reducing the existing reservation of 20 per cent for meeting regional im- balance to 18 per cent and allotting "the resultant 2% vacancies" for candidates "possessing outstanding proficiency in sports".