VIJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since common questions of law and facts are raised in all these writ applications, they have been heard together and are being disposed of by this judgment. 1 (a). In all these writ applications under Articles 226 and 227 of the Constitution, the petitioners have prayed for a writ of mandamous commanding the respondents to admit the petitioners in the Post Graduate Medical Courses in the different colleges on the basis of their successful results at the examination held for admission in 1987 Post Graduate Medical Courses strictly according to merit and not on the basis of reservation of seats for Scheduled Castes and Scheduled Tribes. Accordingly the constitutionality and validity of the impugned prospectus issued by the Government for the Post Graduate Medical Admission Test, 1987 annexed with the counter -affidavit marked Annexure -C has been challenged wherein 14% and 9% of total seats in all colleges and in all courses are reserved for Schedule Castes and Schedule Tribes candidates respectively.

(2.) All these petitioners passed the M.B.B.S. examination before 1986 from different colleges and hospitals of the State of Bihar. They completed the Housemanship much before the 1987 Test Examination for admission to the Post Graduate in the Medical College. In December, 1987 it was notified in the daily news papers that the prescribed forms for admission to the Post Graduate Medical Course in different colleges of the State would be available to the intending candidates from 2.12.1987. The petitioners obtained the prescribed forms in time. The last date for filling up the applications for the aforesaid post was 20.12.1987. In accordance with the prospectus for admission, issued by the Controller of the Examination and Chairman for the Post Graduate Medical Admission Test of 1987, all these petitioners had the requisite qualifications and they were eligible to sit for the admission test. The Test examination for admission in the Post Graduate Medical Course for the year 1987 started from 9.2.1988. These petitioners alongwith others appeared in the aforesaid test and the result of the successful candidates was published in the daily english newspaper 'The Times of India' on 10.4.1988. The petitioner's roll numbers were included in the merit list of the successful candidates and the result was published in order of merit. The merit list of the successful candidates is Annexure -1. The successful candidates were then called for interview in which the petitioners were called to appear.

(3.) The grievance of the petitioners arose when they found that on 7th May, 1988 when the respondents published a list nominating the candidates for admission in the said course, did not include the petitioners. The said list included sixty -two such candidates belonging to the Scheduled Castes and Scheduled Tribes admitted in different specialities of Post Graduate Medical Course, who had secured lesser marks than the petitioners. Thus the successful candidates, including the petitioners, though included in the merit list, were refused admission by the respondents and those belonging to the Scheduled Castes and Scheduled Tribes, who had obtained lower marks than the petitioners, were admitted for admission to the Post Graduate Medical Course.