AMITABH SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of K. K. Dube, J. of the Madhya Pradesh High Court in Writ Petition No. 167 of 1980, with whom the learned Chief Justice of that High Court had agreed on a difference of opinion between the learned Judge and A. R. Navkar, J. The petition filed under Art. 226 of the Constitution was for the issue of a writ, order or direction for the writ petitioner's admission into one of the medical colleges in Madhya Pradesh for the M.B.B.S. course commencing in the academic year 1979-80. After hearing the learned counsel for the parties we allowed the appeal by a brief order on 14-1-1982 without any order as to costs, on account of the urgency of the matter, reserving our reasons to be given later, and directed the respondents to admit the appellant to the M. B. B. S. course for the academic year 1981-82 for which admissions are admittedly going on even now. We are presently giving reasons.

(2.) The Government of Madhya Pradesh, Public Health and Family Welfare Department, have framed Rules on 17-4-1979 for admission into the Medical, Dentistry and Ayurvedic Colleges in the State. In this appeal we are not concerned with the Dentistry and Ayurvedic Colleges. There are six Medical Colleges in the State of Madhya Pradesh affiliated to different universities. There are 720 seats for admission into the first year course in those six colleges. R. 5 (1) of the afore said Rules, hereinafter referred to as the Rules, lays down that no candidates shall be admitted to the M.B.B.S. course unless he has passed the B.Sc. Part I (three years degree course. Medical Group) examination of the recognised universities of the State with Physics, Chemistry, Biology (Zoology and Botany) or any examination of any other university or board recognised as equivalent thereto with practical tests in each subject provided the candidate has passed in each of those subjects in theory and practical separately. Under R. 6 of the Rules no candidate shall be admitted to the medical college unless he completes the age of 17 years on the 31st Dec. of the year of admission to the college. R. 1 (3) provides for the pre-medidal examination being held every year for selection of candidates for admission to the medical colleges in the State and says' that all admissions to those colleges have to be made only from the merit list prepared on the basis of the result of that examination except in the case of seats placed at the disposal of the Government of India or other States.

(3.) Under R. 7 certain number of seats have to be reserved for specific categories of candidates passing the pre-medical examination as below:-