RAJKUMAR PANDITA Vs. STATE OF J AND K

JUDGEMENT

(1.) By medium of this writ petition, the petitioner challenges the selection of respondents' 3 and 4 to Post Graduate Course in the discipline of Surgery, as per Government Order No. 176-ME of 1987 dt. 4-6-1987 on various grounds mentioned therein, particularly because of earmarking 15 points for rural service, which, according to him a mounts to excessive reservation and hence unconstitutional.

(2.) The respondent No. 1 vide advertisement notice dt. 10-3-1986 invited applications for selection to the Post Graduation Course for various specialties. The said advertisement notice was preceded by Government Order No. 102-HME of 1986 dt. 6-2-1986, inter alia, prescribing criteria for selection to such course. In that order, only five points were reserved for rural service. The petitioner also applied in terms of the said notice and the Government order mentioned above. Soon thereafter, the said Government order was superseded by Government order No. 267- GR-HME of 1986 dt. 25-4-1986, altering the criterion for selection in some respects. According to it, the marks reserved for viva voce and clinical tests were deleted and 15 points were reserved for the rural service.

(3.) The petitioner appeared in the test for his selection to the Post-Graduation Course. When the list of selected candidates was published, he did not find his name in it. Hence, the writ petition, wherein he challenges the said selection, inter alia, on the following grounds :-