SURENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Even after thirty four years of the Constitution proclaiming equality before the law and equality of opportunity, the Chief Ministers of some States continue to regard admission to Professional Colleges and appointments to Government posts as their little private empires. So recently as on September 19, 1983, this Court had to disabuse this impression in Suman Gupta v. State of Jammu and Kashmir AIR 1983 SC 1235. The question in that case arose this way : A certain number of seats in the. medical colleges of one State were reserved for candidate from other States to be nominated by the Governments of the other States. Was an absolute power vested in the State Governments in the choice of candidates for nomination or was it incumbent on the State Governments to adopt definitive criteria and follow pre-defined norms Pathak, J. speaking for himself, Chandrachud, C.J. and Sabyasachi Mukherji, J. said :

(2.) We desire to add by way of expression of our concern and regret that this is not the first occasion that such interference and abuse of power at such high level has come to the notice of this Court from the State of Bihar. In Chandrika Jha v. State of Bihar (1984)2 SCC 41 : (AIR 1984 SC 322), it related to the constitution of Board of Directors of a Co-operative Society; here it relates to nomination of candidates for admission to Medical Colleges. But. in both there is clear misuse of power. The less said the better.