SUBHASH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) THE State of Uttar Pradesh runs five medical colleges, one each at Allahabad, Kanpur, Meerut, Agra and Jhansi. In addition, Lucknow Uni versity has a medical college called King George Medical College. In consultation with the Lucknow University, the State Gov ernment decided to hold one combined Pre- Medical Test for selecting students for ad mission to the six medical colleges. The work of holding the combined Pre-Medical Test was entrusted to the Meerut University. There were in all 758 seats in the six medi cal colleges. Of these 26 had been allotted for nominees of the Government of India under various heads. The remaining 732 seats were to be filled in by the combined Pre-Medical Test. By different orders issu ed by the State Government a number of seats were reserved for various classes. The ultimate reservation of seats was as fol lows:-

(2.) SUBHASH Chandra, the appellant ap peared at the combined Pre-Medical Test held in 1971, for one of the general seats. He, however, was not selected. He challenged the order rejecting his application by a writ petition. The writ petition came on for hearing on 7th July, 1972. By this time the academic session for 1971 was well over and a competitive examination had been held in 1972. The appellant had not appeared at the 1972 examination. The learned Single Judge held that under the circumstances the petition has virtually become infructuous. Since the appellant had not appeared at the 1972 examination no direction could legally be given to the respondents to admit him to the 1972 course. The learned Single Judge dismissed the writ petition without going: into the merits of the case.

(3.) FOR the appellant, it was urged that the reservation in favour of the various classes of candidates mentioned above in troduced the vice of discrimination in the Pre-Medical Test, because there was no ra tional basis to classify candidates belonging to the hill areas or rural areas or girl canidates for a specially favoured treatment. The differentia adopted by the reservation orders had no reasonable nexus with the objects sought to be achieved, namely to select the best possible material for admis sion to the medical colleges.