KAHKASHAN PARVEEN SHAHABUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this writ application has questioned the validity of a direction issued by the State Government in the Department of Health that five seats in each of the four Medical Colleges at Patna, Darbhanga, Ranchi and Jamshed-pur should be reserved for admission of students who had been taken in custody or had been injured during the agitation (Andolan) between the period March, 1974 to March, 1977. According to the petitioner, the said decision of the State Government is arbitrary and ultra vires.

(2.) The petitioner after having passed the Intermediate in Science appeared at a competitive examination held on 16-9-1978 known as Pre-Medical and Dental Test, 1978. She secured 73 marks out of 120. During the session commencing from 1978 there were total 670 seats in the different Government Medical Colleges of the State for which the said competitive test had been held. Out of these 670 seats, 20 per cent seats are reserved for girl candidates. Some of these seats are also reserved for members of Scheduled Castes, Scheduled Tribes and other weaker section of the society. After the 20 per cent seats were filled up by the girl candidates in accordance with merit, the petitioner was first on the waiting list amongst the girl candidates. A letter dated 8-12-1978 was issued by the State Government, Department of Personnel, saying that the State Government had taken a decision that for persons (Yuwak Yuvtiyan) who were taken in custody or were injured during the agitation (Andolan) between 18-3-1974 to March, 1977, five extra seats in every institution be created and they should be admitted against those seats. A copy of that communication is Annex-ure B to the counter-affidavit filed on behalf of the State. Thereafter, another communication, dated 26-2-1979 was issued by the Department of Health to the Principals of Medical Colleges at Patna, Darbhanga, Ranchi and Jamshedpur saying that the State Government has taken a decision to create five extra seats in the First Year of the aforesaid four Medical Colleges for such youth who had been taken in custody or were injured during the agitation between the period 18-3-1974 to March, 1977. A copy of this communication is Annexure A to the counter-affidavit filed on behalf of the State.

(3.) On behalf of the petitioner it was submitted that the 20 extra seats having been created by the State Government, they have to be filled up by candidates according to merit or from amongst the special category/class of candidates whose categorisation or classification has a rational basis. The question of admission in the Medical Colleges has been source of controversy from time to time in different States as well as in this State. The State Government taking into consideration the requirements of the society have been framing rules for admission to these colleges. Generally, by these rules some seats are reserved for special categories of students who require special treatment and protection. While doing so, it indirectly affects the merit test inasmuch as persons having better merit are deprived of the admission in these colleges. But, on many occasions, courts have upheld such an attempt keeping the larger interest of the society in view. While upholding such reservations, the courts have to be satisfied that the provisions concerned are reasonable and have a rational basis although they encroach the fundamental right of other candidates under Article 14 of the Constitution. Whenever such attempts are found to have travelled beyond the reasonable limits, courts are left with no option but to hold them as ultra vires.