STATE OF MADHYA PRADESH Vs. KUMARI NIVEDITA JAIN

JUDGEMENT

(1.) The validity of the executive order dated 9th September, 1980 passed by the State Government completely relaxing the conditions relating to the minimum qualifying marks for selection of students to Medical Colleges of the State in respect of candidates belonging to Scheduled Castes and Scheduled Tribes categories, forms the subject-matter of these appeals by Special Leave.

(2.) The facts material for the purposes of these appeals may be stated: Kumari Nivedita Jain, one of the respondents in the present appeals, was a candidate for admission to a Medical College in the State of Madhya Pradesh. In the State of Madhya Pradesh there are six Medical Colleges affiliated to different Universities in the State. The total number of seats in all these Colleges is 720. By an order dated 2nd April, 1980 the State Government made rules for admission to Medical Colleges, the College of Dentistry Indore and Government Ayurvedic Colleges of the State and the said Rules are called "Rules for Admission into the Medical, Dentistry and Ayurvedic Colleges in Madhya Pradesh" (hereinafter referred to as the Rules). These Rules were made in exercise of the executive power of the State and these Rules are not statutory. By and under Rule 7 of the Rules, the State Government has reserved 15% seats for each of the categories of the Scheduled Castes and Scheduled Tribes candidates. That means, out of 720 seats, 108 seats are reserved for the Scheduled Castes candidates; and the same number, that is, 108 seats are also reserved for the candidates belonging to the category of Scheduled Tribes. By and under the same Rules, 15% seats are reserved for women candidates and seats not exceeding 3% are reserved for the children of military personnel. Under Rule 8, some further reservations have been made and under this Rule, seats not exceeding 3% are reserved for the nominees of 'the Government of India and 3 seats are reserved for the candidates nominated by the Government of Jammu and Kashmir. Rule 1 (iii) provides that a Pre-Medical Examination shall be held every year for selection of candidates for admission to the Medical Colleges and all admissions shall be made only from the merit list prepared on the basis of the result of this examination except in case of seats placed at the disposal of the Government of India and other States. Rule 15 mentions the subjects of the Pre-Medical Examination and Rule 20 lays down that selection of candidates from amongst those who have qualified in the examination shall be made strictly on merit as disclosed by total number of marks obtained by candidates in the Pre-Medical Examination. Rule 20 further provides that minimum qualifying marks for admission to Medical Colleges shall be 50% in the aggregate and 33% in each subject separately; but, for Scheduled Castes and Scheduled Tribes candidates, the minimum qualifying marks shall be 40% in the aggregate and 30 % in each subject. Rule 20 in its note (ii) empowers the Government to grant in case of candidates belonging to the categories of Scheduled Castes and Scheduled Tribes special relaxation in the minimum qualifying marks to the extent considered necessary in the event of the required number of candidates in these two categories not being available. For the total number of 720 seats in the Medical Colleges of the State, there were 9400 candidates in all. Of the 9400 candidates, there were 623 candidates belonging to the category of Scheduled Castes for whom 108 seats were reserved; and, for the 108 seats reserved for candidates of the Scheduled Tribes category, there were 145 candidates belonging to that category. On the result of the Pre-Medical Examination only 18 seats in the category of the Scheduled Castes and 2 seats in the category of Scheduled Tribes could be filled up, because the other candidates of these categories did no, secure qualifying marks prescribed by Rule 20. As 90 seats had remained vacant in the category reserved for Scheduled Castes after selection of the 18 candidates and 106 seats remained unfilled in the category of seats reserved for Scheduled Tribes after selection of the two candidates on the result of the examination, the Board in exercise of the power under Note (i) to Rule 20 made a relaxation of 5% in terms thereof and thereafter 7 more candidates in the category of Scheduled Castes and one more in the category of Scheduled Tribes got admitted. Thus out of 108 seats reserved for each category of the Scheduled Castes and Scheduled Tribes, only 25 seats could be filled in the category of Scheduled Castes and three in the category of Scheduled Tribes. As only a very few candidates of these two categories could get admitted into Medical Colleges and a large number of seats reserved for them could not be filled up by the candidates of these two categories on the basis of the result of the examination even after relaxation had been made in terms of the provisions contained in Note (i) to Rule 20, the State Government passed an order on the 9th September, 1980 completely relaxing 'the conditions relating to the minimum qualifying marks for these two categories. The order dated 9th September, 1980, the validity of which has been questioned in the writ petitions filed by Nivedita Jain in the High Court, is to the following effect:-

(3.) Kumari Nivedita Jain, as we have earlier noticed, was a candidate for admission into a Medical College in the general seats, that is, the seats which have not been otherwise reserved. Though she had obtained necessary qualifying marks, she could not secure her admission, as other candidates for the general seats had obtained marks higher than she had obtained in the Pre-Medical Examination, for filling up the vacancies available in the general category. It may be noted that Rule 9 contained a provision to the effect that in case seats of reserved categories of Scheduled Castes and Scheduled Tribes remain vacant, these seats will be filled up by the candidates available on the combined merit list. If the seats in the reserved categories had been thrown open to candidates in the general category on account of the failure on the part of the candidates belonging to the categories of Scheduled Castes and Scheduled Tribes to obtain minimum qualifying marks, Nivedita Jain would have been in a position to secure her admission to the medical college. As the State Government by its order dated 9th September, 1980 decided to relax completely the conditions relating to minimum qualifying marks for these two categories of Scheduled Castes and Scheduled Tribes candidates instead of filling up these seats by candidates available on the combined merit list, she was deprived of the opportunity of getting her admission into the medical college. She, 'therefore, filed this writ petition in the High Court of Madhya Pradesh challenging the validity of the said order of the State Government dated 9th September, 1980. It will be noticed that this order of the State Government is also an executive order.