USHA RANI Vs. MAHARSHI DAYANAND UNIVERSITY ROHTAK

JUDGEMENT

(1.) The widening concept of "State" for the purposes of Part-III of the Constitution is a Blaring phenomenon having emerged on the Indian policy. Art, 12 of the Constitution providing the inclusive definition of the word "State", amongst others, puts all local or other authorities within the territory of India, and all local or other authorities under the control of the Government of India, within the concept of the "State". Situations can arise in which one authority as the "State' may come in competition with another authority as the "State" in its real to provide reservations in services and educational institutions in favour of Particular classes of weaker sections of the society causing serious damage to the fundamental rights guaranteed under Part-III of the Constitution. to Indian citizens. How that conflict is to be resolved or situation avoided is left perhaps to the good sense of those authorities. They have perhaps to work under the doctrine of mutual respect avoiding a collision, always keeping the wheels of the "State" well oiled and fm good gear. The present is a case of that kind which stands emerged in these five' civil writ petitions (Nos. 4852, 500'J, 5084. 5085 and 5086 of 19831 which she be disposed of by a single order.

(2.) Each petitioner in the respective cases is a member of the Backward Classes. All of them were aspirants to seek admission in the M. B. B. S. Course in the Medical College. Rohtak affiliated to the Maharshi Dayanand University. The University had in its prospectus for the academic year 1983-84 invited applications for admission to the medical/ dental entrance examination from prospective candidates by 20th June, 1983. The examination was to commence on 5th and 6th July, 1983 at Rohtak. The number of seats, as given out there is were 115 in a11. out of which two were reserved for the members of the backward classes. The petitioners applied for being considered against the reserved category of backward classes. In the entrance examination, they did not fare well and were thus unable to secure the first and second positions. Those positions Went to other candidates who are not parties to these petitions. Then all the petitioners approached in October. 1983 this Court by way of these writ petitions challenging basically the change effected in the prospectus issued by the University for the academic year 1983-84 resulting in reduction of seats in the Medical Collage from 150 to 115 and the reservation for backward classes from 10% to 2%.

(3.) As is the agreed case of the par ties, the Government of Haryana vide instructions, Annexure P. 1. issued on 7th July, 1981 by the Commissioner and Secretary to Government of Haryana, Welfare of Scheduled Castes and Backward Classes Department. had conveyed its decision that 10% of seats in educational/technical/professional institutes controlled by the Government be reserved for the members of the Backward Classes and that these instructions were meant for strict compliance. While these instructions were in vogue, the University in its prospectus under reference reserved only 2% seats for. the members of the Backward Classes. On that score, the lament of this petitioners was that the prospectus was in violation of the instructions, Annexure P. 1. of the Government and that the University had no right to flout those and rather was under an obligation to obey them. Furthermore, grouse had been made on the reduction of seats inasmuch as vide letter, Annexure P. 3. the, Medical Council of India had performed the University in September, 1981 to raise the strength of the students in the Medical-College to 160 as the Government had sanctioned another Rs 400 lacs far the development of the institution, and it was expected that the same would be expended in about two years time. On this score. of was lamented that by reduction of seats to 115? the University had marred the chances of the petitioners from being taken as medical students. Art. 14 of the Constitution has been invoked be the petition to contend that both the steps of the University, which was a "State" Within the meaning of Art. 12 of the Constitution, as arbitrary as if tended to provide a different reservation in the Medical College as compared to other professional.and technical instructions in the State, for backward classes.