SAMIR KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) By a common order dated 5-5-1981, we allowed all these three applications in part, quashed the order of the Government of Bihar contained in the letter dated 3-3-1981 of the Special Secretary to Government, Health Department, a copy whereof is Annexure-'A' to the counter-affidavit filed on behalf of the Respondents in C.W.J-C. No. 403/81 and directed the respondents to fill up the vacant seats in the First Year M. B. B. S. Class of the Medical Colleges in the State of Bihar and in the First Year B. D. S. Course of Patna Dental College for the Session 1979-80 on the basis of the result of the Pre-medical and Dental Test Bihar for the aforesaid Session and of an interview held on 15-12-1980 without further delay. We now proceed to give the reasons for that order.

(2.) Brij Kishore Prasad is the petitioner in C. W. J. C. No. 403/81. Samir Kumar Das and Satish Chandm Gupta are the petitioners in C.W.J.C. Nos. 404/ 81 and 653/81, respectively. The State of Bihar is the Respondent No. 1 in all the applications, and Dr. R. P. Singh, Principal of the Patna Dental College and Convenor of the Board of Principals for selecting candidates for admission to the 1st year course of the M. B. B. S. and B. D. S. Course for the session 1979-80 is Respondent No. 2 in C.W.J.C. Nos. 403 and 404 of 1981 and was also Respondent No. 2 in C.W.J.C. No. 653/81. The Director of Health Services, Bihar is respondent No. 3 in C. W. J. C. No. 403 of 1981.

(3.) Admission of students to the First Year of the M. B. b. S. Course of the various Medical Colleges in the State of Bihar, namely, Patna Medical College, Patna, Darbhanga Medical College, Laherasarai, Rajendra Medical College, Ranchi, Bhagalour Medical College, Bhagalpur, Mahatama Gandhi Memorial Medical College, Jamshedpur, S. K. Medical College, Muzaffarpur, Nalanda Medical College, Patna Magadh Medical College, Gaya, Patliputra Medical College, Dhanbad and to the First Year B. D. S. Course of Patna Medical College, Agamkuan, Patna, is made on the basis of a combined test held for that purpose by the Board of Principals consisting of some of the Principals of the aforesaid colleges. For admission to the First Year M. B. B. S. Class of the aforesaid Pre Medical Colleges and the first year B. D. S. Class of the Dental College for the Session 1979-80. the State Government appointed a Board of Principals consisting of several Principals including Shri R. P. Singh, Principal, Patna Dental College, Patna. who was appointed as the Convenor of that Board. The Board issused a prospectus calling for applications from eligible candidates for admission to the aforesaid Courses for the Session 1979-80. Para 'A' of the Prospectus, copy whereof is Annexure-5 in C.W.J.C. No. 403/81 provided: Candidates for admission to the First Year M. B. B. S. Course and to the First Year B D. S. Course shall have to appear at a competitive test and will be selected on the basis of merit according to the results of the test. The Prospectus specifies the conditions for eligibility for the competitive test, the last date for receipt of the application forms and the documents which were required to accompany the application forms. The Prospectus provided for issue of admit card, and fixed the date of the test examination. Para 'O' of the Prospectus provides "in all matters relating to the test and admission, the decision of the Board of the Principals shall be final -- Para 'P' runs thus: "Candidates will be selected for admission strictly on the basis of merit as given (A), subject to reservations of seats as per Government rules. Para 'W' provides that in case of a candidate being selected provisionally for admission, interview letter will be sent by registered post". Para 'Y' declares "interview does not entitle a candidate for admission". 14% of seats, according to the Prospectus were reserved for Scheduled Caste, 9% for Scheduled Tribes, 10% for Backward Classes and 20% for ladies.