K KENNETH PENYU Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This writ petition is preferred by the 3 petitioners impugning the selection of candidates for MBBS, BDS and B.V. Sc. on 2.7.91 by the Board, called Common Selection Board, Nagaland for the session 1991-1992, selecting the candidates on tribal and backward tribe consideration, on the ground that it violates Articles 14,15 and 1.6 of the Constitution of India.

(2.) All the petitioners appeared in P.U. (Sc) examination in 1991 under North Eastern Hill University (hereinafter referred to as NEHU) and secured 2nd division with the subjedts Physics, Chemistry and Biology. The petitioner No. 1 obtained 54.3% of the total marks of the subjects, Physics, Chemistry and Biology. The petitioner No. 2 obtained 51.5% and the petitioner No. 3 obtained 56% of the total marks. It iis stated that the petitioners having secured much higher marks above the requisite percentage of marks eligible for admission to Medical Course and other technical course they are within the zone of consideration for selection to Medical and other technical course on merit basis. Situated as such, they have applied for undergoing various technical courses to the department of the Directorate of Higher Education in prescribed form. The petitioners gave MBBS as the first preference. However, the 2nd and 3rd petitioners gave also 2nd preference to BDS.

(3.) That there is a Board at Nagaland known as Common Selection Board constituted since 1979 for conducting selection of candidates to various technical courses outside the State of Nagaland on the basis of the criteria laid down therein. For the sake of convenience the criteria in so far relevant for the purpose of disposal of this writ petition is extracted as under ;