LAWS(MPH)-1960-12-4

RAMCHANDRA VISHNU Vs. STATE OF MADHYA PRADESH

Decided On December 19, 1960
RAMCHANDRA VISHNU Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This in a petition under Arts, 226 and 227 of the Constitution for a writ of mandamus or any other suitable writ or order directing the State Government (respondent 1) and the Principal, Medical College, Indore (respondent 2), to admit the petitioner to one of the Medical Colleges in the State.

(2.) In this State, there are four Government Medical Colleges providing for admission of 330 candidates in the 1st year class. In the current year, the State Government constituted a Selection Committee of the Principals of the four colleges with the Principal, Medical College, Indore as Chairman, to recommend the names of candidates for admission to the Medical Colleges in accordance with "Medical Collages in Madhya Pradesh Rules for Admission, 1960". These Rules provide inter alia as follows:

(3.) The petitioner stated that while Rule 8 inhibited selection of candidates who had not secured at least 45 per cent marks in the Inter Science Examination, it required 'merit as disclosed by the marks obtained at the Inter Science Examination' to be the basis of selection from amongst other candidates. By selecting the respondents 3 and 4 in disregard of Rule 8, the respondents 1 and 2 infringed the right of the petitioner to secure admission and also discriminated against him. There are no special circumstances in favour of the respondents 3 and 4 and their admission in pursuance of Rule 17 is not justified. That Rule is void in that it enabled the State Government to exercise an arbitrary and uncontrolled power to admit any candidate without regard to his qualifications. Similarly, Rule 10 is also void because it provides for reservation in favour of women candidates and sons and daughters of bona fide political sufferers.