AMALENDU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application under Articles 226 and 227 of the Constitution the petitioner has prayed for quashing annexures 3 and 4. The application originally was for quashing an-nexure-3 only. While the application was pending admission, the State Government issued annexure-4 to the great prejudice of the petitioner. Prayer was, therefore, made for quashing annexure-4 as well. The petitioner has prayed for issuance of a writ of mandamus restraining the respondents from giving effect to Government orders contained in annexures-3 and 4.

(2.) The petitioner is a candidate for admission to the first year Medical course, commonly known as M.B.B.S., in any of the several Medical Colleges in this State for the session 1978-79. In this State there are Universities located at Patna, Ranchi, Muzaffarpur, Bhagalpur, Gaya (Magadh) and Darbhanga (Mithila). The academic standards and the examination results are anything but uniform. Previously admissions to medical colleges used to be done on the basis of marks obtained by candidates at the Intermediate Science Examinations and a candidate in any part of the State was entitled to seek admission in any of the several Medical Colleges. The disparity in the examination results posed a serious problem. The State Government, therefore, introduced a combined competitive Examination for selecting candidates for admission into all Medical Colleges, thus reducing all the aspirants for admission to a common denominator. The State Government issued a prospectus (Annexure-1) for admission to the Medical Classes for the session 1978-79 laying down the criteria and conditions for admission to M.B.B.S. Course. The Colleges covered by this prospectus were the following:-- (1) Patna Medical College. (2) Darbhanga Medical College. (3) Qajendra Medical College, Ranchi. (4) Bhagalpur Medical College. (5) Mahatma Gandhi Memorial College, Jamshedpur. (6) Shri Krishna Medical College, Muzaffarpur. (7) Nalanda Medical College, Patna (8) Magadh Medical College, Gaya. (9) Pataliputra Medical College Dhanbad, and (10) Bihar Dental School Course, Patna, Dental College. The prospectuses were issued by respondent No. 4 in the capacity of Convener of the Pre-Medical and Dental Test 1978. He also happened to be the Princinal of, Bhagalpur Medical College. The prospectus prescribed in paragraph 1A a minimum requirement of 50% marks in the competitive test in order to enable a candidate to be admitted to the Medical course. In case of Scheduled Caste and Scheduled Tribes the minimum requirement was pegged at 45%. This competitive examination was of one paper only. The subjects for examination were Physics and Chemistry, 40 marks each, Botany and Zoology, 20 marks each. In paragraph 6P it was laid down as follows:-- "Candidates will be selected for admission strictly on the basis of merit (as given in A), subject to reservation of seats as per Government rules". Paragraph 8 of the prospectus read as follows :-- "8. The reservation of seats for ad mission in different Medical Colleges of Bihar will be as follows:-- <FRM>JUDGEMENT_1_AIR(PAT)_1980Html1.htm</FRM> Moreover in view of the requirement of Lady doctors 20 per cent of the seats will be earmarked for ladies. The calculation for above reserved and earmarked seats will be done after deducting seats already reserved for Government of India nominees, Self financing Nepalese students, TISCO Sri Lakshmi Narayan Trust, and Coal Mines Welfare Organisation etc." The total number of seats to be filled up are 670 out of which 38 seats are allocated for Central Government and other Bodies' nominees, 57 seats are reserved for Scheduled Tribes, 88 seats for Scheduled Castes and 63 for Backward classes and 127 seats were allotted for girls. In accordance with this procedure combined examination was held on the 16th July, 1978 as mentioned in the prospectus. This happened to be the 3rd Sunday of the month.

(3.) The petitioner appeared at the combined examination and secured 72.5% marks. A select list of students to be admitted was thereafter prepared in accordance with Annexure-1. It was then discovered that only 11 students of the Scheduled Tribes and 35 students of the Scheduled Castes had qualified for admission for the seats reserved for them. The result was that 46 seats reserved for Scheduled Tribes and 53 seats for the Scheduled Castes remained unfilled. In accordance with Government policy, effective since October, 1976, contained in Annexure-2 all the unfilled seats of the reserved quota were to be thrown open to candidates in the general quota. Annexure-2 is still in force and has not been whittled down even a wee bit. If the admissions had taken place on the basis of Annexures-1 and 2, the petitioner as averred, would have been selected for admission. The Additional Director of Health Services, however, issued a directive on 8-1-1979 (Anne-xure-3) to respondent No. 4, who happened to be the Convener of the Pre-Medical and Dental Training Course whereby it was laid down that the minimum qualifying marks for Harijans and Adivasis were to be 40%. Howsoever vague the expression "Harijan" may be counsel for the parties have accepted that this expression referred to members of the Scheduled Castes. This reduction of qualifying marks naturally put the chances of the petitioner being selected in serious jeopardy. He, therefore filed the present application for quashing Annexure-3. Before the application could be admitted, which took place on 27-2-1979, the Special Secretary in the Health Department issued another directive to respondent No. 4 which is Annexure-4 to this application. The petitioner, therefore, by a supplementary affidavit challenged the validity of Annexure-4, as well. Paragraph 4 of this Government Order is the only matter which concerns us in this application. That has been the subject of vigorous challenge on behalf of the petitioner. In paragraph 4 it was stated that by keeping in view that 40% minimum qualifying marks was likely to result in several seats in the reserved quota remaining unfilled, the admissions in the reserved quota should be done of the basis of 35% minimum qualifying marks. If any seat remained vacant even on the basis of this reduced qualifying mark they should be thrown open to candidates in the general quota. Since the validity of paragraph 4 of Annexure-4 has been seriously challenged, it is but meet that it should be quoted in extenso. It reads, as follows:-- ..(VERUNACULAR MATTER OMITTED).. This reduction of the minimum qualifying marks almost crippled the chances of the petitioner getting admitted to any of the Medical Colleges in this State. The petitioner being left with no other alternative, filed the present application for the reliefs mentioned earlier.