GULZAR AHMED ALAI Vs. STATE OF J&K

JUDGEMENT

(1.) BESIDES claiming admission to the MBBS Course session 1986 -87 and for setting aside the selection Of the selection list of candidates to the MBBS Courses for the session 1983 -87 containing the names of respondents 10 to 17, the petitioners have also challenged the vires of SROS: 314 of 1986, 315 of 1986, 272 dated 3rd July. 1982 and advertisement notice No. 2/MBBS dated 21st May, 1986 on various grounds specified and detailed in the writ petition The petitioners also sought the quashing of certificates issued in favour of candidates selected for MBBS course session 1986 -87 against the reserved categories. It was also prayed that appropriate directions be issued to the respondents to produce the admission forms alongwith all the certificates of selected candidates as well as of the petitioners, answer scripts and tape records of vivo -voce of all the candidates, all the minutes of the meeting of the selection committee including the minutes of the meeting in which a decision was taken to set papers in accordance with NCERT AND Old Scheme, correspondence between the Training Branch and the Superintendents of various Examination Centres and also the records pertaining to the custody of answer scripts from the date of examination to the present date, list of paper sectors and examiners for the fast three years the contempraneous record of interviews alongwith the original date -wise award lists made by each number of the selection committee and all other records connected with the admission of candidates to MBBS Course for the Session 1936 -87 in both the Medical Colleges of Jammu and Kashmir.

(2.) During the course of arguments the learned counsel for the petitioners did not press for adjudication of all the points, raised or sought relief for all the prayers made in the petition. The learned counsel however restricted his arguments with respect to the pleas raised by him in sub -para (xiv) under the heading, challenge to the impugned selection list , and submitted that under SBO 272 of 1982 out of total MBBS seats to be filled up for the two medical colleges of the State, 50% are allocated to the open me it category and 50% to various reserved categories. As the State has allocated 19 additional seats in the open merit category by admitting 19 candidates in the said category after the publication of the select list they were under an obligation to allocate equal number of seats for the reserved categories as well. According to the learned counsel 97 candidates had been selected for the MBBS session 1986 -87 in the open merit category which made it obligatory for the respondent -State to admit an equal number of candidates in the reserved categories by allocating additional seats to those categories in accordance with the quota prescribed under SRO 272 of 1982 According to the learned counsel the addition 21 seats have to be allocated to various reserved categories in the following manner: Schedule Caste : 3 seats Gujjar and Bakerwals : 2 seats Other Social Caste : 1 seat District Leh : 1 seat District Kargil : 1 seat Other Backward Areas : 8 seats Areas near Line of Control : 1 seat Children of freedom fighters : 1 seat Defence Personnel : 1 seat Sports : 1 seat As the petitioners except petitioners 2 and 5 who have already been selected had applied for admission to the reserved categories, they were entitled to be admitted to the aforesaid MBBS Course after the allocation of the additional seats in the reserved categories.

(3.) IN the counter affidavit it is submitted that the selection has been made strictly in accordance with the provisions of the Constitution and SRO 272 referred to hereinabove. The rules and orders issued by the respondent -State prescribing procedure for making selection to the MBBS Courses claimed to have been considered by the Honble Supreme Court and this court in various judgments and approved. It is further submitted that the State Government had vide its order No. 310 -GD of 1936 dated: 6 -3 -1986 set up a selection committee known as admission selection committee for selection of the candidates for first year MBBS course at the two Medical Colleges of the State for the session 1986 -87 comprising of Chairman Public Service Commission as its Chairman and two Principals of Govt. Medical Colleges Jammu and Srinagar as its members. The aforesaid selection committee met on 9 -4 -1986 and inter -alia decided to recommend to Government suitable amendments in the Jammu and Kashmir Medical College (Selection of candidates for admission to 1st year MBBS Course, procedure 1983 in order that on the pattern of Union Public Service Commission and State Public Service Commission the number of candidates to the called for interview should be five times the number of seats available and to modify the procedure of selection in respect of children of non -permanent residents State / Central Government employees and making a provision that such children should be eligible for selection if they come within the open merit category and obtain marks Unwritten test and viva -voce not less than the last candidate selected in the open merit category from the State. The Government considered the said recommendations and made necessary amendments vide SRO 315 dated 9 -5 -19c 6. The selection in question has been made in accordance with the SRO 272 dated 3rd July, 1982 as clarified under SROs 384 of 1982, 325, 412 read with SRO 380, 314 dated: 9 -51986 and SRO 315 dated 9 -5 -1936. The respondents have justified the issuance of the SROs and notifications impugned in writ petition on the grounds detailed in the counter affidavit. Upon the representations of the aggrieved non -selected candidates, the Government constituted one man committee compresing of G.M Quareshi Advisor (Security to the Honble Chief Minister) to enquire into and report upon the complaints / representations which may be brought against the selection made to the Medical Colleges. The said committee issued a public notice on 10 -12 -1986 inviting complaints and representations upto 18 -12 -1986. The said committee received 376 complaints which were divided into two categories namely : a) these relating to alleged irregularities in the evaluations of answer books and conduct of viva -voce test etc., and b) relating to those challenging to every system and scheme of selections. Mr. Quarashi Co -optd the services of Sh. A.K. Nagpal and required him to conduct verifications of the totals, actual score on the answer books and to see that the same had been faithfully transcribed on the marks list for the whole lot of candidates. On the basis of recommendations additional seats were allocated to the deserving candidates in the open merit category. There was no obligation on the State to make the corresponding increase of seats in the reserved categories.