SARDOOL SINGH Vs. PRINCIPAL, MEDICAL COLLEGE, SRINAGAR

JUDGEMENT

(1.) THESE writ petitions arise out of the admission of candidates to the Medical College at Srinagar. The petitioners are candidates who have been refused admission to the Medical College and have filed these petitions assailing the admission of some of the respondent candidates on the ground of their admission having been tainted with favouritism, nepotism and further that certain reservations made by the State Government were not permissible under Arts. 14, 15 and 29 of the Constitution of India and therefore the petitioners were selected for hostile discrimination by the State. As all these writ petitions involve common questions of law, we propose to decide them by one common judgment indicating Individual cases wherever necessary.

(2.) THE facts out of which these petitions arise may briefly be stated thus. By order No. 381 of 67, dated 6 -7 -67 the Government passed a general order laying down conditions under which admissions to various educational and technical Institutions were to be regulated including the Srinagar Medical College, The Government notification further constituted a selection committee which was appointed for the purpose of recommending admission of candidates to the Medical College. In the instant case we are concerned with para 1 of the Notification which refers to the Medical College and which runs thus: - "In supersession of previous orders on the subject sanction is hereby accorded to the committees for selection of candidates for various courses of trainings (within and outside the State) comprising of the members shown against each: - (1) MBBS/BDS/B. Pharmacy i. Principal, Medical College, Srinagar (Convener) ii. Dr. S. C. Tyagi (Pathology) iii. Dr. Naseer Ahmad (Medicine) iv. Director of Education. The admission capacity of Medical College Srinagar in the current Session is fixed at 75 seats. The seats which may be allowed to the students from outside the State will be in addition to this number. The committee will draw up list for 75 seats and for such seats as may be allotted to the State in other Medical Colleges."

(3.) IT appears that this Notification was superseded by another Notification dated 4 -7 -68 being Government Order No. 551 of 68 dated