PRAKASH KIRAN Vs. STATE

JUDGEMENT

(1.) All these eight writ petitions relate to the admission of the several petitioners in 1st year M.B.B.S. course of 1987 session. They have further prayed for a direction not to admit Scheduled Castes and Scheduled Tribes candidates who have not obtained the minimum qualifying marks of 40 per cent as required by the prospectus for admission in 1987 session (Annexure-4) and for a further direction that if reserved categories candidates fail to secure the said minimum marks, the number of reserved seats be directed to be reduced by the number of candidates of concerned categories and be made available to the general category and the same be filled up according to the result of the Medical and Dental admission test held on 1-11-1987 (Annexure-2). This is the common question in all these writ petitions. For the sake of convenience, the Annexures of C.W.J.C. No. 248 of 1988 will be referred to in this judgment, since, same documents have been marked differently in the different writ petitions. This judgment, therefore, will govern all the writ petitions.

(2.) I will, however, give a brief facts of each case before I embark to consider the common argument of the learned counsel for the parties. C.W.J.C. No. 248/88

(3.) The petitioner took the test for examination held on 1-11-1987 and got 83 marks out of total of 120 marks. The petitioner's serial No. in the list of successful candidates is 450. The merit list (Annexure-2) shows that serial Nos. 421 to 503 of the general category were put in the waiting list. It is said that even though there are vacancies numbering 34 for unfulfilled reserved quota not being filled up, either by absentation or not obtaining the minimum required marks, these vacancies should be made available to the general category candidates, and once that is done, the petitioner by virtue of her position in the merit list (Annexure-2) is qualified for admission. It has been averred that there were 580 seats for admission in all the Medical Colleges of Bihar in M.B.B.S. course and 15 seats are available for admission in Patna Dental College. Out of these 595 seats, 76 seats have been reserved for the Scheduled Castes candidates and 49 seats for Scheduled Tribes candidates. Out of these reserved seats, 66 candidates of Scheduled Castes candidates and 25 candidates of Scheduled Tribes candidates were admitted, having obtained the minimum marks of 40 per cent prescribed by the prospectus. Thus 34 seats of these two reserved categories reverted to the general category. It is, therefore, submitted that under para 3(g) of the prospectus (Annexure-4), those vacancies ought to have been made available to the general category candidates and the petitioner admitted in the 1st year M.B.B.S. course. It has also been averred that the Medical Council of India by its letter dated 27th August, 1983, has insisted that for the Scheduled Castes and Scheduled Tribes candidates, the minimum marks at 40 per cent must be maintained in lieu of 50 percent marks for general candidates and the Medical Council of India has also insisted that the list of candidates, who have been admitted below the prescribed marks of 40 per cent should be furnished to the said council (Annexure-5). In the supplementary affidavit, it has been stated that the Government, even though it had no power to relax the minimum marks for the Scheduled Castes and Scheduled Tribes candidates, has illegally during the pendency of the writ petition, reduced the required 40 per cent marks to 35 per cent and is taking admission of such candidates on the basis of reduced minimum marks (Annexure-7). It has also been submitted that 12 seats out of the reserved quota for Government of India nominees are also unfilled up as no nominees have been selected. It has also been submitted that many candidates have not taken admission in different categories out of the 15 per cent of the total seats required to be filled up by All India Entrance Examination and, therefore, those seats should also be filled up from the waiting list candidates of the general category. On 24-2-1988, at the time of this writ petition, the respondents were directed to provisionally admit the petitioner in one of the Medical Colleges of the State of Bihar and permit her to attend the classes and receive training subject, however, to the final order to be passed by this Court. C.W.J.C. No. 1389 of 1988