SUTAPA DATTA ALIAS GANGULY Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) THE petitioner has assailed in this writ petition the validity of the Rules framed by the Calcutta university Council for selection of candidates for admission to the different disciplines in the M. D. courses of study as well as in the Diploma courses of study of the Calcutta University for the session commencing in 1980. The petitioner who is a medical graduate having secured high marks and obtained college scholarships in 3rd year and 4th year classes while reading in Nilratan Sircar Medical College in M. B. B. S Course applied for admission to m. D. Course of study (Medical Paediatrics) for which 6 seats have been allotted by the University. There was a written test and there was also provision for special weightage of 5 marks for applicants belonging to Scheduled castes Scheduled Tribes Army or with experience of rural services for more than 3 years as provided in paragraph 12 01 the Rules and Regulations incorporated in the prospectus. It has also been provided in Rule 20 of the said rules that marks will be awarded an assessment of academic merits in the manner specified therein. There is also a provision in the Rules that a few seats in the same of the courses may be kept reserved for the candidates sponsored by the Government of West Bengal.

(2.) ON July 23, 1980, a notice was issued by the Secretary of the University College of Medicine and the same was hung up on the notice board at the University College of Medicine (Goenka Hospital) showing the number of seats reserved for candidates sponsored by the West Bengal Health Services for different, courses. It is evident, from the notice that out of six seats in m. D. Courses (Medical Paediatrics) 3. seats have been reserved for the Government sponsored candidates, It has; also been stated that no definite standard or criterion has been followed in the matter of determining the number of seats to be reserved in different disciplines of M. D. course. It has also been stated that in most of the subjects; 20% of the total seats and 33. 13% of the total seats have been reserved in other disciplines of M. D. Course while in Medical Paediatrics 50% of the total number of seats have reserved for the government sponsored candidates. This has been done without conforming to an uniform policy or any definite principle in the matter or reservation of seats for government sponsored candidates. This notice has been annexed as annexure 'b' to the writ petition. It has also been stated that out of the said 3 seats available for admission in the M. D. course of Medical Paediatrics two candidates, namely, Sm. Mala Saha and sri Badal Ch. Mondal, respondent Nos. 7 and 9 who secured 2nd and 3rd position after the special weightage of 5 marks was given to them were selected and Gadadhar Pan who admittedly secured the highest marks and stood first in order or merit was selected for admission. It has also been alleged that though the petitioner secured the second highest marks in order of merit and after conferment of the weightage of 5 marks on the Scheduled Castes and other candidates as provided in the said Rule and occupied 4th position in order of merit yet she was shown as the first candidate in the waiting list whereas the respondents Nos. 10, 11 and 12 Sunil baran Saha, Renuka Biswas and Swapan Kumar Mukherjee who secured lesser marks and placed below the petitioner in order of merit were selected for admission in respect of 3 seats reserved for Government sponsored candidates. This, according to the petitioner, is in violation of the provisions of Articles 14 and 15 of the Constitution as it is patently discriminatory inasmuch as such sort of reservation of practically 5 out of 6 seats available for admission in the said discipline is ex facie discriminatory and is also without any reasonable basis as it has, in fact, the effect of excluding meritorious students from being selected in the higher courses of study on the basis of their merits. It has also been submitted that reservation of seats may be made to facilitate students belonging to the socially and educationally backward classes as well as candidates belonging to scheduled castes and scheduled Tribes in accordance with the provisions of article 15 (4) of the Constitution but, nevertheless, such a reservation cannot be made in such a manner that there will be practically no room left for selection of meritorious students for admission in the higher course of medical study and this according to Mr, Mukherjee is patently bad being violative of the equality clause envisaged in Arts. 14 and 15 of the Constitution. In other words, the substance of mr. Mukherjee's contention is that in the instant case about 80% of the total seats allotted for selection for admission in this discipline has been reserved for candidates belonging to the weaker sections of community/army and members of the West bengal Health services who have experience for more than 3 years in the rural services. It has therefore been urged by Mr. Mukherjee that it is a fit case for the issuance of the mandate on the University to provide one extra seat for admission of the petitioner who stood second in order of merit and has been placed in the 4th place even after weightage of 5 marks was given to the candidates falling within category specified in Rule 12 of the Rules and Regulations for admission to the different M. D,/m. S. diploma course of Calcutta University of the session, 1980. Some decisions have been cited by Mr. Mukherjee in support of the above submission.

(3.) MR. Sudhendu Mukherjee, learned advocate appearing on behalf of the respondents Nos. 1, 2, 3 and 4, that is, the University of Calcutta as well as the University college of Medicine and the Council of calcutta University, has referred to the affidavit in counter filed on behalf of the above respondents and sworn by Sri Pratip mukherjee, Register of the University of calcutta. In support of his submission that the reservation of seats in this discipline for government sponsored candidates who served in the rural areas is not arbitrary or discriminatory. In paragraph 8 it has been stated that the Government of West Bengal has been sponsoring soma candidates for admission in M. D. and other post graduate courses, who are in service and who are the members of the W. B. Health Services with the end of having more competent services foam such employees who may do so by increasing their knowledge and skill in specialised field. It has also been stated that due consideration of all aspects as to postgraduate course in 1980 session the post Graduate Admission Board at its meeting held on 15 March, 1980 passed appropriate resolution to the following effect : resolved that the selected Government sponsored candidates must be placed or posted in the relevant departments of the institution in which the particular candidates deputed for teaching, training and themselves working within a period of 6 weeks from the date. Selection, filling up the admission is liable to be cancelled subject to she decision of the Council, Syndicate or vice Chancellor. That the number of seats in the following course reserved for the candidates sponsored by the authority of the Government of west Bengal Health Services in the following order out of total seats in each subject has been reviewed by the post graduate medical admission board in medicine in its meeting held on 5th March, 1980 provided such candidates obtained the minimum qualifying marks in the admission test examination, 1980 fixed for the purposes. (j) M. D. (paediatrics) number of seats 3.