DIPTIMAYEE BEHERA Vs. STATE

JUDGEMENT

(1.) The two petitioners in O. J. C. No. 2050 of 1984 and the petitioner in O. J. C. No. 2034 of 1984 have filed these applications under Art 226 of the Constitution for a mandamus to the opposite parties to admit them to the. M. B. B. S. course in any of the medical colleges of the State against the quota reserved for the Scheduled Castes and the Scheduled Tribes candidates.

(2.) Prospectus for admission to the M. B. B. S. and B. D. S. courses in the Government Medical Colleges of Orissa was issued on April 26,1984. Each college provided 107 seats. Besides, there were 20 seats for the B. D. S. course in the dental wing of the S. C. B. Medical College, Cuttack. In all, thus, there were 341 seats. 16 seats were reserved for Government of India nominees, three seats for the children of Armed Forces Personnel and three seats for the physically handicapped candidates of Orissa. Of the balance 319 seats, 8 per cent was reserved for Scheduled Castes and 12 per cent for the Scheduled Tribes candidates. 20 seats were set apart for candidates securing the first ten positions in the qualifying examination (according to the university ranking) held by each of the Universities. One seat was set apart for the candidate who secured the first position in the examination conducted by the Orissa University of Agriculture and Technology.

(3.) An entrance examination was conducted for selection of candidates. Para 9.2 of the prospectus provided that candidates belonging to the Scheduled Castes and the Scheduled Tribes securing less than 40 per cent in the entrance examination would not be selected. The rest, namely, general candidates, physically handicapped candidates and candidates belonging to the category of "Children of Armed Forces Personnel and "children of Green Card Holders" securing less than 50 per cent of marks were not to be selected. There were in all, as alleged by the petitioners, 4998 candidates. The performance at the entrance examination was miserable. Only 31 candidates qualified. The situation was disturbing. 250 seats would remain vacant. The Selection Board then suggested to the Government to step up the marks secured by the candidates by 20 per cent (40 marks out of 200) In other words, candidates belonging to the Scheduled Castes and Scheduled Tribes securing 20 per cent of the marks would qualify for selection and candidates belonging to the rest of the categories would qualify for selection if 30 per cent of the marks were secured by them. There were in all 133 Scheduled Castes and Scheduled Tribes candidates. In spite of stepping of the marks, only 11 candidates qualified for selection. The total number of seats earmarked for them was 64. State Government again deliberated on this matter and granted a further, grace of 10 per cent of marks to the Scheduled Castes and the Scheduled Tribes candidates, that is to say, a candidate belonging to the Scheduled Castes/Scheduled Tribes securing 10 per cent (20 marks out of 200) in the entrance examination would qualify for selection. 32 candidates belonging to the Scheduled Castes and Scheduled Tribes thus ultimately qualified for selection against 64 seats reserved.