M A ANDREWS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, an M.B.B.S. Graduate of the Kerala University having completed a Course of House Surgeoncy in October, 1982, had applied for admission to the post-graduate course in the order of preference to the. subjects of Medicine, Gynaecology and Surgery. He seeks to quash the Government Orders Exts. P-8 and P-18 and the Prospectus Ext. P-11 issued by the Government of Kerala for the post-graduate courses commencing in 1982-83 in the Medical Colleges in the State. As per Ext. P-18 the Government adopted the principle accepted in Ext. P-8 and ordered that admission to the postgraduate courses for the year 1982-83 will also be made on the basis of an entrance examination to be conducted before the end of October, 1983 as recommended by the Expert Committee with the exception that Departmental candidates will be selected according to the practice hitherto followed on the basis of seniority in the case of Tutors in Medical Colleges and weightage for service and rural service in the case of Health Services personnel. The petitioner has filed the writ petition in his individual capacity and also purporting to represent all persons interested in opposing the method of selection by entrance test, and seeking admission on the basis of the marks obtained in the qualifying M.B.B.S. Examination, of the Kerala and the Calicut Universities. He has impleaded respondents 5 and 6 as persons known to be interested in sustaining the entrance test for the purpose of admission to the post-graduate courses in medicine and allied subjects. The petitioner submits that on the basis of the marks obtained by him in the qualifying M.B.B.S. Examination he has a fair chance for admission to the post-graduate course and the entrance test prescribed by the Government is a fetter on his chance of admission.

(2.) As per Ext. P-8 dated 24-5-1983 the Government accepted the recommendations of an Expert Committee appointed under Ext. R-3(a) order of Government for holding an entrance test for admission to the post-graduate courses, subject to the alteration that no such test is necessary in the case of Tutors in Medical Colleges and Health Services personnel to be selected on the basis of seniority and weightage for service and rural service. It was further ordered that since admission for the year 1981-82 was made only in January 1983 and if an entrance examination is insisted on for admission for the year 1982-83 that may result in losing one batch of students for the post-graduate course and hence admission for the year 1982-83 will be in accordance with the existing practice of merit adjudged on the basis of marks obtained in the qualifying examination. Ext. P-9 is the prospectus for the year 1982-83 issued in pursuance to Ext. P-8 order of Government. It was in modification of Ext. P-8 that the Government issued Ext. P-10 order as per which admission to the post-graduate courses for the year 1982-83 will also be made on the basis of an entrance examination to be held before the end of October, 1983 except in regard to the Departmental candidates to be selected on the basis of seniority and weightage for service and rural service. As per Exts. P-12 and P-13 orders of the Director of Medical Education, all applications received for admission to the post-graduate courses for the year 1982-83 with last date 16-7-1983 were cancelled and fresh applications are to be submitted for admission on the basis of an entrance examination for general merit with reservation for scheduled castes and scheduled tribes candidates and length of service for candidates under reserved quota for Health Services personnel and Tutors.

(3.) Before entering into the details of the contentions raised by the petitioner, it is necessary to consider the historical background of the reason why an entrance test was considered necessary for the purpose of admission to the medical courses in the State.