ANAND KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sensitive question as to whether any reservation can be made in favour of the Scheduled Castes and Scheduled Tribes for admission to the post-graduate medical course even at the cost of merit has once again visited this Court. In this writ application, the petitioners originally five in number, have challenged the order of the Government, dated 17th September, 1080, contained in Annexure-4, making reservation of 14 per cent and 9 per cent seats for Scheduled Castes and Scheduled Tribes, respectively, for admission to Degree and Diploma courses. They have also made a prayer for a direction to the respondents to consider the cases of the petitioners on merit in accordance with the marks obtained by them at the competitive test provided for in the prospectus for the year 1980, contained in Annexure 5. At the time of hearing we were informed that petitioner No. 4 Dr. Prabhas Kumar Singh has already been admitted subsequently.

(2.) There are several medical colleges in the State of Bihar. Students are admitted in post-graduate courses in these medical colleges on the basis of competitive test. On 22nd of February, 1980, a notice was published in the various newspapers inviting applications from the candidates desirous of taking admission into the post-graduate Degree and Diploma courses in these medical colleges. The last date for receipt of the application was 21st Mar., 1980. Various details were given in the prospectus which could be obtained along with the application form from the Principals of the colleges. According to the prospectus for the year 1980, a candidate could apply for maximum of three subjects in order of preference. The petitioners submitted their application to the authority concerned for appearing at the competitive test and paid Rs. 50/-, each. The examination was held in the last week of April 1980 and the result was published in the newspapers on 26-6-1980 and 24-7-80 by Annexures 2 and 2 (a). In Annexures 2 and 2 (a), the roll numbers of the candidates were published in order of merit determined on the basis of the competitive test. On 29th of July, 1980, a notice was published for holding interview of the first lot of successful candidates from 4th to 6th of August, 1980. The petitioners and other candidates, who were successful at the competitive test, appeared in the said interview. This interview, according to the petitioners, was to be held for the purpose of scrutiny of the original documents and for any other purpose which might arise. The petitioners' case is that after the interview they along with the other candidates were selected for admission to Post-Graduate Medical Degree Course but, before their list could be published, the State Government took a decision to reserve 14 per cent and 9 per cent of seats for the Scheduled Castes and Scheduled Tribes, respectively, vide order contained in Annexure 4 dated 17th September, 1980. This, the petitioners contend, has marred their prospects of being admitted into the Post-Graduate Medical Degree Course.

(3.) Shri Balbhadra Pd. Singh, learned counsel appearing on behalf of the petitioners, contended that merit has once again been crucified at the alter of reservation made in Annexure 4. According to him, the medical education is controlled by the Medical Council Act, 1956, and the Bihar Inter University Board Ordinance, 1978, and the regulations made thereunder. They provide for entry into these courses strictly on the basis of merit determined on the basis of competitive test. So long as these regulations are in force, the State Government cannot pro tanto modify or repeal these provisions by any administrative fiat. Learned Counsel contended that the order in this respect contained in Annexure 4 is viola-tive of Article 15 of the Constitution. Learned Counsel further contended that, in any view of the matter, there cannot be any reservation for the Scheduled Castes and Scheduled Tribes for the session 1980-82 since the regulation of the Bihar Inter University Board Ordinance and the prospectus for the year 1980 do not provide for any reservation.