RAMA SHANKAR SINGH Vs. PRINCIPAL DARBHANGA MEDICAL COLLEGE

JUDGEMENT

(1.) These three writ petitions deal with the same questions of law and fact, and hence were heard together, and will be disposed of in one judgment. The number of the Annexures given in this judgment are those given in Civil Writ Jurisdiction Case No. 97 of 1968.

(2.) There are two Government Medical Colleges in the State of Bihar, one at Darbhanga and the other at Ranchi, where students are admitted for the M. B. B. S. Course. Sometime in October, 1967, applications were invited for admissions to the said course. The qualifications prescribed for such admissions were as follows (Annexure A): The applicants should have passed either (i) the First Year Science of Three-year Degree Course with Physics, Chemistry and Biology, or (ii) Pre-medical or Pre-Professional Examination or any other examination equivalent thereto. In the prospectus for admission, it was further stated that "Candidates with B. Sc. (Honours) are admitted straightway to the course provided Honours has been obtained in one of the following subjects: (a) Physics, (b) Chemistry, (c) Botany, and (d) Zoology" -- see paragraph 2 of Annexure E (hereinafter referred to as the impugned circular). It is admitted that this circular about the admission of B. Sc. (Honours) candidates straightway was issued by the Government of Bihar. The three petitioners had all passed the First Part of the Three-year Degree Course with Physics, Chemistry and Biology from the Bihar University, and the total marks obtained by them were 57.2 per cent (petitioner in C. W. J. C. 97), 57.3 per cent (petitioner in C. W. J. C. 104) and 57 per cent (petitioner in C. W. J. C. 111). They were, however, not admitted, and respondents Nos. 6 to 20, who had passed B. Sc. (Honours), were admitted, even though the percentage of marks obtained by them was very much lower than the percentage of marks obtained by the petitioners. This was mainly because of the impugned circular (mentioned above), which directed that B. Sc. (Honours) applicants should be admitted straightway, irrespective of the marks obtained by them. The petitioners have challenged this action of the authorities on two grounds.

(3.) The All India Medical Council (hereinafter referred to as the Council) is a statutory body constituted under the provisions of the Indian Medical Council Act, 1956 (hereinafter referred to as the Act). That Act underwent extensive amendments by the Indian Medical Council (Amendment) Act, 1964. A new Section 19A, which was inserted in the Act, maybe quoted: