MISS SANCHITA BISWAS Vs. WEST BENGAL BOARD OF EXAMINATION FOR ADMISSION TO ENGINEERING, MEDICAL AND TECHNOLOGICAL COLLEGES & ORS.

JUDGEMENT

(1.) In this writ application under Art. 226 of the Constitution of India, provision of reservation for seats for students from residents of three hill sub-divisions of West Bengal, and also, for the students nominated by some Donors have been challenged under Articles 14, 16, 22, 35 and 41 of the Constitution, with a prayer for direction upon the respondents to desist from giving effect to any such reservation in the Medical stream on the result of Joint Entrance Examination, 1997. the petitioner also claims that reservation should be provided in the Medical stream for candidates who are physically handicapped, considering them to be weaker section of the people.

(2.) The petitioner appeared in Joint Entrance Examination for admission in the Medical stream in the year 1997. The respondent No. 1 supplied the rules/instructions for the said examination. The said rules and instructions provided for reservations of seats for the candidates belonging to Scheduled Castes and Scheduled Tribes and also in other categories. It was provided in that rules that out of 755 seats in the Medical stream there would be reservations for the nominees of, Government of India on all India basis, State Government, Donors and also candidates from Scheduled Castes and Scheduled Tribes communities. Although two seats were reserved for handicapped candidates in the Engineering stream, there was no provision for reservation of any physically handicapped candidate as well as candidate residing in hill areas in the Medical stream. On 12.7.97 the result of the J. E. Examination In Medical stream was published with the names of successful candidates in general category, S.C. and S.T. categories, and also, of some of the candidates residing in the hill areas. The names of the candidates successful in the competitive examination were published in the following break up, namely, General Quota, 650 S.C., 199 and S.T.,-72. Hill-8 Although the petitioner was a physically handicapped candidate and had produced regular documents therefor, no reservation vas provided for the category of physically handicapped candidates. The petitioner submits that although while the instructions were communicated to the candidates, no quota was reserved specially for candidates residing in the bill areas, 8 seats were reserved for the hill candidates in the Medical stream, but none for the physically bandi-capped candidates. A purported move providing all on a sudden for reservation of scats for hill candidates without any prior notice, and, even after the common test was held, was arbitrary and violative of Articles 14 etc. of the Constitution. The object of selection through the J.E.E. for admission is to secure the best possible candidates through the competitive test. Such principle was defeated by such arbitrary reservation of seats for the hill candidates. As there was no provision for reservation of candidates in the category of physically handicapped candidates, the principle of providing education to weaker section of the country was certainly violated, which under Art. 46 of the Constitution the State was bound to promote. Reservation was provided for the S.C. and S.T. in order to protect them from social 1ejustice and exploitation. Articles 15 and 29 prohibit making of any discrimination against any citizen on the ground of religion, race, caste, sex, place of birth or any of them, which principle, enshrined in the Constitution was grossly violated by the act of the respondents, directing admission of some of the candidates, only because they reside in hill region, and for nominees of the Donors only due to payment of mosey as stated above. The Stats is enjoined not to deny any person equality before law and equal protection of law except under provision of law. It is necessary to take into account defacto Inequalities by way of giving preference and reservations to the socially and economically disadvantaged persona, so that the weaker section of the community may be placed oh the footing of the equality with the stronger aid powerful sections, and ensure that each member of the nation enjoy equal opportunity of using the full natural endowment of physique, character and intelligence. In the Rules and Instructions supplied, provision has been made for reservation of certain seats for the nominees of the State Government aid the Donors. As the said Rules do not provide for any qualifying marks for admission in the Medical stream, such reservation has no rational basis. The purported reservation of the seats for hill candidates and for candidates to be nominated by the Donors introduce discrimination, as it has no nexus to objects sought to be achieved by such competition in the light of equality before law. Reservation of seats also for candidates in the Donors' category results in restricting admission to candidates not so meritorious but belonging to the richer section of the society and denying the opportunity to the candidates who are more meritorious but financially poor, and as such, it cannot be permitted on the basis of the provisions enshrined in the Constitution. Accordingly, the petitioner prays for directing the respondents not to provide for any reservation for the candidates belonging to the Donors' category as well as hill candidates category. She also prays for providing for some reservation for candidates' physically handicapped, in order to protect the interests of a weaker section of the people as provided in the statute viz. "The persons with Disabilities (Equal Opportunities, protection of rights and full participation) Act, 1995." The petitioner preys for quashing the purported reservation of seats in favour of bill students and the students nominated by the Donors.

(3.) Of the respondents, the respondent Nos. 1, 4 and 5 ester appearance and contest this matter. In its affidavit-in-opposition the respondent No. 1 submits that the Board is not in any way responsible for admission to the constituent colleges and the candidates have to comply with the requirements of eligibility conditions provided for admission by the Central Selection Committee and Jadavpur University. The Board only provides the merit lists on the basis of entrance examination held and conducted by the Board and sends it to Central Selection Committee and Jadavpur University and the final selection rests with them. The Board does not publish nor communicate the result to any individual applicant. Joint Entrance Examination is just an admission test. The only duty of the Board is to hold the competitive examination and provide the merit list thereon to the Central Selection Committee and Jadavpur University for allotment of seats by them. The respondent No. 1 is in so way responsible for framing the Rules about reservation or for admission of the candidates. Its whole duty is to conduct examination, prepare merit list vis-a-vis the prima facie number of seats and send to those authorities who are responsible for the admission. The Govt. or West Bengal in the department of Health and Family Welfare (MERT) Branch issued a circular on 11.6.97 by which it was provided Inter alia for arranging for the examination, number of seats, quotas of reservations breakup of the allotments of each quotas distributed college wise and the respondent No. 1 has no control over or business with them. The only duty of the respondent No. 1 is to prepare the merit list and to send it to the appropriate authorities. Reservation of seats for the bill candidates and in Donore' category have nothing to do with the respondent No 1. Similarly, as no reservation is provided for handicapped candidates the respondent No. 1 had nothing to do with that. Although no provision was made for reservation of any seat for the physically handicapped candidates by the authority concerned, the Govt, of West Bengal provided for reservation of two seats for hill candidates residing is the hill sub divisions of Darjeeling. There is no illegality or irregularity is it.