1971 (1) TMI 118 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the selection process for admission to medical colleges.
2. Allegations of mala fide actions by the selection committee.
3. Compliance with the Supreme Court's previous judgment regarding the selection process.
4. Allocation of marks under different heads during the interview process.
5. Consideration of National Cadet Corps (NCC) activities in the selection process.

Detailed Analysis:

1. Validity of the Selection Process:
The petitioner, a high-achieving student, challenged the selection process for admission to medical colleges in Tamil Nadu. The Supreme Court had previously invalidated the selections but allowed the State to form a new selection committee to fill the unfilled seats. The petitioner was not selected in the subsequent process and challenged the validity of these selections again.

2. Allegations of Mala Fide Actions:
The petitioner alleged that the selection committee showed open hostility towards him during the interview, called additional candidates for the interview against the court's directive, and deliberately contravened the court's directions. The Court found no satisfactory evidence to establish these allegations, noting that the burden of proof for mala fide actions was on the petitioner, which he failed to meet.

3. Compliance with the Supreme Court's Previous Judgment:
The Supreme Court had directed the new selection committee to interview candidates based on five heads and allocate marks accordingly. The committee, however, distributed the 75 interview marks among the five heads at its discretion, which contravened the Court's earlier judgment that implied equal distribution of marks among the heads. The Court held that the selection committee's procedure was likely to have affected the interview results.

4. Allocation of Marks During the Interview Process:
The Court noted that the Government did not prescribe separate marks for the separate heads. The selection committee's discretion in allotting marks (10 marks for some heads and 25 for others) was found to be in violation of the Court's earlier judgment. The Court emphasized that in the absence of specific allocation by the Government, each head should carry equal marks as inferred from the previous judgment.

5. Consideration of NCC Activities:
The petitioner had an "A" certificate for NCC activities but was given only five marks out of ten by the selection committee. The Court found that the selection committee proceeded on a wrong premise by considering various grades within NCC activities, which was not applicable to the petitioner's situation. The Court accepted the petitioner's contention that due to the discontinuation of NCC in Tamil Nadu schools and colleges in 1968, obtaining higher certificates like "B" or "C" was not possible for the candidates appearing for the selection in 1970-71.

Conclusion:
The Supreme Court quashed the impugned selections due to the procedural irregularities and non-compliance with its previous judgment. Despite the hardship that might be caused to the 24 students already admitted, the Court directed the State of Tamil Nadu to appoint a fresh selection committee to conduct the selection process in accordance with the Court's directions. The State of Tamil Nadu was also directed to pay the costs of the petitioner.

Petition Allowed.