ANIL Vs. DEAN GOVT MEDICAL COLLEGE NAGPUR

JUDGEMENT

(1.) The petitioner, who was one of the applicants for admission to the Government Medical College in Nagpur, challenges the validity of sub-cls.(b) and (d) of Cl.A of Rule 5 of the Rules made by the State Government (respondent No. 3) for regulating admission to the Government Medical Colleges for the year 1983-1984 (hereinafter referred to as 'the Rules'). The portion of the rule which is relevant for our purpose is in the following terms : -

(2.) At the outset, we may state that in this case we are not called upon to pronounce on the validity or otherwise of sub-cl.(b)of Cl. A of R.5 inasmuch as the petitioner admittedly belongs to the category of Other Backward Communities for which 10 per cent seats are reserved. He would not be affected in any way even if sub-cl.(b) is pronounced to be valid or invalid. His case is governed by sub-cl.(d) and it is validity of this clause alone which needs our attention. It is for this reason that we refrain from giving our opinion in so far as the validity of sub-cl.(b) of Cl.A of R.5 is concerned.

(3.) Mr. A. M.Gordey, the learned counsel for the petitioner, submitted that under cl.A of R.5, 10 per cent of the seats have been reserved and they are assured for the Other Backward Communities. According to him, these reserved seats must go to the candidates belonging to the Other Backward Communities, irrespective of the number of marks they secured at the qualifying examination. In other words, according to him, the reserved seats must be filled in by admitting suitable candidates irrespective of the fact whether they fair well in open merit. He submitted that if the concluding portion of sub-cl.(d) is to be given effect to, it will reduce the number of seats which are reserved for those candidates who belong to the Other Backward Communities and who cannot compete on merit in the general pool. In support of his submission, he relies on the decision of a learned single Judge of the Kerala High Court in R. Jacob Mathew v. State of Kerala AIR 1964 Ker 39 and certain observations of the Supreme Court in State of Andhra Pradesh v. U. S. V. Balaram AIR 1972 SC 1375.