ANAND KUMAR JAIN Vs. GOVERNMENT OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India. The petitioner was a candidate for admission to one of the Medical Colleges in the Madhya pradesh for the academic year 1958-59 but admission was refused to him. He now prays that by a writ of mandamus, the authorities concerned be ordered to admit him.

(2.) THE petitioner's case is that applications were invited for admission to the medical colleges in the Madhya Pradesh and rules were framed for admission to the M. B. B. Section, first year course for the Session 1958-59 by the Government of Madhya Pradesh. A printed copy of these rules has been filed with the petition. They are styled as "medical Colleges in Madhya Pradesh Rules for Admission 1958" (hereinafter referred to as the Rules ). He fulfilled the minimum qualification having passed the Intermediate Examination in Physics, Chemistry and Biology. The Rules provided for the order of preference in the selection of candidates. According to the petitioner, all those candidates who fulfilled the requirements under Rules 8, 9, 10 and 11 were admitted but the number of seats was larger than the number of candidates so admitted. On the unfilled seats Manohar Singh respondent No. 7, Kumari Mira Mukerji respondent No. 8 and Gyanchand respondent No. 9 were admitted when the petitioner was better qualified than all of these three respondents. With the petition has been filed a tabular statement showing the qualifications and other relevant particulars of the three respondents and the petitioner. The allegation of the petitioner is that justice was not done in rejecting his name and giving preference to the above named respondents.

(3.) AS per the aforesaid tabular statement: (a) Anand Kumar, the petitioner, passed his Intermediate Science (Biology) Examination in 1955 in the "pass division" in the first attempt, b. Sc. Examination in 1957 in the third division in the first attempt and the LL. B. (Prev.) Examination in 1958 in the second division in the first attempt. ("pass Division" presumably refers to a case where a candidate appears and passes in a supplementary examination in one or more subjects); (b) Manohar Singh respondent No. 7 passed the Intermediate Science (Biology) Examination in the third division in the second attempt and belongs to a scheduled caste; (c) Kumari Mukerji respondent No. 8 passed the Intermediate Science (Biology) Examination in the year 1957 in the "pass" division in the first attempt; and- (d) Gyanchand respondent No. 9 passed the Intermediate Science (Biology) Examination in the second division in the second attempt.