SUNIL KUMAR GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A stage has been reached when we feel that frequent judicial interference with individual cases of admission and examination may create a chaotic situation from which it may be different to extract oneself. We are not at all happy about the state of affairs in this State, so far as the educational system is concerned. We are acutely aware of the fact that the system has failed to create the desired atmosphere conductive to academic pursuit. We do not wish to further aggravate the confusion that already prevails.

(2.) In the instant case, the petitioner, who has been selected for admission to Post Graduate Course in D. T. M. H. on the basis of P.G.M.A.T. 1991, prays that a writ of mandamus be issued directing the respondents to admit him to Post Graduate Course in D.C.H. We notice that the result of P.G.M.A.T. 1990 was declared in April, 1991 and that of P.G.M.A.T. 1991 in May, 1991. Some of the candidates had qualified in both the tests. Subsequently as well results were declared in instalments. The petitioner claims that since two persons who had been admitted to D.C.H. Course on the basis of 1991 P.G.M.A.T. opted for admission on the basis of P.G.M.A.T. 1990 result, vacancies exist in Post Graduate D.C.H. Course and that the petitioner should be permitted to join that course. It is submitted that when such vacancies arise, those vacancies must be notified, and after considering the applications that may be made, candidates should be adjusted against the course for which they may have given higher preference We agree that this procedure must be followed whenever it is decided to fill up the seats that have remained unfilled on account of such exigencies. If, however, the authorities decide not to fill up these seats we cannot compel the authorities to do so in all circumstances. The Supreme Court has recently pointed out that with a view to maintain academic excellence, the P. G. Medical Courses in medical colleges must be commenced on schedule and be completed as per the schedule, so that students have full opportunity to study the full course and come out par excellence. Admission in the midstream would disturb the courses and also work a handicap to the candidates themselves to achieve excellence. Their Lordships, therefore, observed "Considering from this pragmatic point of view we are of the considered opinion that vacancies of the seats would not be taken as a ground to give admission, and direction by the High Court to admit the candidates into those vacant seats cannot be sustained." (See AIR 1922 SC 932). These observations were made in relation to admission to P. G. Medical courses.

(3.) In the instant case we notice that only 16 candidates had qualified for admission to the courses on the basis of P.G.M.A.T. Test 1990. Surprisingly the State Government decided to relax the minimum qualifying marks, which was reduced to 40 per cent. Thereafter with a view to fill up more seats the qualifying marks were further reduced to 30 per cent. We can only express our shock and surprise about the manner in which the State Government has chosen to reduce the qualifying marks for admission to medical Post Graduate courses, wherein academic excellence must be the prime consideration. If such doctors are licensed to cure, the poor citizens will have the Hobsonian choice of dying of the disease, or of the treatment. If qualified candidates are not available for higher education in subjects like medicine and surgery it is better that the State does not fill up those seats and let them remain vacant, rather than to admit undeserving students to such courses. It will not do any good to society nor to the students themselves, if they are admitted to courses for which they are not qualified.