SUSHRI SHOBHA KUMARI MOHANKA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these two applications under Articles 226 and 227 of the Constitution of India the petitioners have prayed for directing the respondents to consider their case for admission to the 1st Year M. B. B. S. Class in the Prince of Wales Medical College, Patna, after quashing the condition imposed by the Principal under clause 'z' of the Instruction for admission of students to the First Year M. B. B. S. Course of the said College on the basis of which the petitioners were refused admission therein. Shobha Kumari Mohanka is the petitioner in Case No. 39 whereas Kusum Verma is the petitioner in the other case No. 49. In both, the applications more or less common questions of law are involved although the facts are slightly different. Therefore, for the sake of convenience both the applications were heard together and this judgment will govern both of them.

(2.) In order to appreciate the points of law involved it will be necessary to state briefly the relevant facts. The petitioner in case No. 39 passed secondary school examination in 1968 and she is recipient of scholarship. In the same year she joined the Patna University and passed Pre-University examination in science with Biology in the year 1969 from Women's College, Patna. She applied for admission in the 1st Year of M.B.B.S. Class in 1969. She would have been admitted but then she was not eligible for the same as she was under-age, i.e., below 17 years. Therefore, she joined B.Sc. class. In 1970 she passed B.Sc. Part I from Magadh Mahila College with Biology securing first position. In 1970 the system of competitive examination was introduced for admission in the various medical colleges. On the 12th April, 1971, a notice under the signature of the Principal, Rajendra Medical College, Ranchi, was published for competitive test for admission to the 1st Year Class of M.B.B.S. in the Colleges at Darbhanga, Ranchi, Bhagalpur and Patna Dental College for the session 1971-72 vide Annexure '1'. On the 25th May, 1971, the petitioner made an application on the basis of the said notice. On the 28th May, 1971, by an Ordinance the State Government took over administration of the Prince of Wales Medical College and a notice was published for combined admission test for medical colleges (vide Annexure 2), the relevant portion of which reads as:

(3.) On the 7th June, 1971, the petitioner sent a letter (Annexure 4) to the Principal, Darbhanga Medical College, and therein she indicated her preference as follows:--