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TMI Blog1970 (9) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... edical seats available in the Government Colleges for 1st year of M.B.B.S., course in the State of Tamil Nadu are 1125. We understand that for these seats nearly 7,000 students applied for admission. 3. In the previous years except in the year 1967-68, selection of candidates for admission to the 1st year M.B.B.S. course was done on State wise basis. In the year 1967-68, the seats were distributed on district wise basis but that scheme was held to be invalid by this Court in Minor P. Rajendran v. State of Madras and Ors . [1968]2SCR786 . Thereafter the selection was again made on State wise basis in the years 1968-69 and 1969-70 but in the current year that system was given up and selection was directed to be made on the basis of what is known as unit wise basis. Under the present scheme the Medical Colleges in the city of Madras were constituted as one unit and each one of the other Medical Colleges in the mofussil was constituted as a unit. Thus six units were created in the State. In respect of each one of the units a separate selection committee was constituted. The intending applicants were asked to apply to any one of the committees but they were advised to apply to the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e us appear to have had brilliant academic career. The facts mentioned by the petitioners in this regard were not controverted by the respondents. The petitioner in Petition No. 285 of 1970 came out within first three ranks in the 10th and 11th standards and in the final examination he secured 451 marks out of the total of 700. He stood third in his school. During his school career he had taken keen interest in extracurricular activities. He was a N.C.C. Cadet and passed creditably the 'A' certificate examination. He had also obtained certificate in boxing. He had joined the correspondence course conducted by the Voice Prophecy Institute, New Delhi and obtained a certificate in Health and Hygiene. After having passed his Anglo Indian High School examination creditably he joined Madurai college, in the Pre-University course taking Physics, Chemistry and Biology as his science subjects. In that course he secured first class with Grade D plus in Physics and Chemistry and A plus in Biology. He stood fourth in his college. The grade D plus represents 85 to 99 per cent marks and A plus 65 to 75 per cent marks. 8. The petitioner in Petition No. 314 of 1970 passed her Pro-Univer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anipulation. The applicants who had failed more than once and ultimately secured bare second class were selected while the first rate applicants who had secured first class with high marks were rejected. It was urged on their behalf that even the students who get the minimum marks could be pulled up by the selection committee by plumping 70 or more out of 75 interview marks whereas the students who have secured 170 marks the highest marks that could have been secured under the admission rules in Pre-University examination could be pulled down by giving less than 10 marks out of 75 marks. The petitioners' complaint is that after the interview the selection committee carried the marks given by them to Madras and there the Government has manipulated the marks in such a way as to select their favourites and reject such of them in whom the Government was not interested. 10. It was also urged that no guidelines were provided for awarding marks at the interview and therefore the power conferred on the selection committee is an arbitrary power which is capable of being misused and in fact has been misused. It was contended that the list of backward classes provided to the committee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the object intended to be achieved. The object intended to be achieved in the present case is to select the best candidates for being admitted to Medical Colleges. That object cannot be satisfactorily achieved by the method adopted. The complaint of the petitioners is that unit wise distribution of seats is but a different manifestation of the district wise distribution sought in 1967-68 has some force though on the material on record we will not be justified in saying that the unit wise distribution was done for collateral purposes. Suffice it to say that the unit wise distribution of seats is violative of Articles 14 and 15 of the Constitution. The fact that an applicant is free to apply to any one unit does not take the scheme outside the mischief of Articles 14 and 15. It may be remembered that the students were advised as far as possible to apply to the unit nearest to their place of residence. 13. Earmarking 75 marks out of 275 marks for interview as interview marks prima facie appears to be excessive. It is not denied that the interview lasted hardly for three minutes for each candidate. In the course of three minutes interview it is hardly possible to assess the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion on the examiners than on the system itself. The scheme of selection, however, perfect it may be on paper, may be abused in practice. That it is capable of abused is not a ground for quashing it. So long as the order lays down relevant objective criteria and entrusts the business of selection to qualified persons, this Court cannot obviously hove any say in the matter. 15. While we do feel that the marks allotted for interview are on the high side and it may be appropriate for the Government to re-examine the question, we are unable to uphold the contention that it was not within the power of the Government to provide such high marks for interview or that there was any arbitrary exercise of power. It was urged on behalf of the petitioners that the interview marks were allotted on collateral considerations. We are told that the selection committees were tools in the hands of the Government and the Government manipulated the marks in such a way as to facilitate the selection of those students in whom the members of the party in power were interested. These allegations were denied by the respondents. While elaborating their arguments on their plea of mala fides the learned C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the tests enumerated in the rule. A total of 75 interview marks were placed at the disposal of the selection committee and from out of those the committee could award marks according to its sweet will and pleasure. Such a power it was said is an arbitrary power. We were told that the entire 75 marks could have been given to a candidate even if he satisfied only one out of the five criterion prescribed. It is true that the rule did not prescribe separate marks for separate heads. But that in our opinion did not permit the selection committee to allot marks as it pleased. Each one of the tests prescribed had its own importance. As observed at footnote 20 at p. 485 of American Jurisprudence Vol. 15 that the interviewers need not record precise questions and answers when oral tests are used to appraise personality traits; it is sufficient if the examiner's findings are recorded on the appraisal sheet according to the personal qualifications itemised for measure. A contention similar to those advanced by the petitioners came up for consideration before the Mysore High Court in D.G. Viswanath v. Chief Secretary of Mysore and Ors. A.I.R. 1964 Mys. 132. Therein the court observed thus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were not interviewed in accordance with the rules governing the interview. 21. It was next urged that the classification of backward classes by the Government into backward classes and more backward classes was illegal and in support of that contention our attention was invited to the decision of this Court in M.R. Balaji and Ors. v. State of Mysore (1963) Supp. 1 S.C.R. 438. It is unnecessary to go into that question because for the purpose of the present selection the backward classes were not sub-divided into backward classes and more backward classes. What had happened is that the list of backward classes supplied to the selection committee showed that some of the communities are more backward than others but that list was prepared for the purpose of fee concession. For the purpose of the present selection all the classes shown therein were treated as backward classes. 22. There is no basis for the contention that the reservation made for backward classes is excessive. We were not told why it is excessive. Undoubtedly we should not forget that it is against the immediate interest of the Nation to exclude from the portals of our medical colleges qualified and competent s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... served therein : While this Court has not excluded caste from ascertaining the backwardness of a class of citizens, it has not made it one of the compelling circumstances affording a basis for the ascertainment of backwardness of a class. To put it differently the authority concerned may take caste into consideration in ascertaining the backwardness of a group of persons; but, if it does not, its order will not be had on that account, if it can ascertain the backwardness of a group of persons on the basis of other relevant criteria. 25. The same view was expressed by this Court in State of Andhra Pradesh and Anr. v. P. Sagar [1968]3SCR595 . There in it was observed : In the context in which it occurs the expression 'class' means a homogeneous section of the people grouped together because of certain likenesses or common traits and who are identifiable by some common attributes such as status, rank, occupation, residence in a locality, race, religion and the like. In determining whether a particular section forms a class, caste cannot be excluded altogether. But in the determination of a class a test solely based upon the caste or community cannot also be accepted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the ground of caste only. Now if the reservation in question had been based Only on caste and had not taken into account the social and educational backwardness of the caste in question, it would be violative of Article 15(1). But it must not be forgotten that a caste is also a class of citizens and if the caste as a whole is socially and educationally backward, reservation can be made in favour of such a caste on the ground that it is a socially and educationally backward class of citizens within the meaning of Article 15(4). 31. Rajendran's case [1968]2SCR786 . is an authority for the proposition that the classification of backward classes on the basis of castes is within the purview of Article 15(4) if those castes are shown to be socially and educationally backward. No further material has been placed before us to show that the reservation for backward classes with which we are herein concerned is not in accordance with Article 15(4). There is no gainsaying the fact the there are numerous castes in this country which are socially and educationally backward. To ignore their existence is to ignore the facts of life. Hence we are unable to uphold the contention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t by the petitioners herein. But it appears their writ petitions have been dismissed. Some out of them have intervened in these petitions. Other non-selected candidates have evinced no interest in challenging the selections made. Under the circumstances, it is reasonable to assume that they have abandoned their claim and it is too late for them to press their claim. Under these circumstances, after discussion with the Counsel for the parties we have come to the conclusion that these petitions should be allowed subject to the following conditions : 33. The State of Tamil Nadu shall immediately constitute a separate expert committee consisting of eminent medical practitioners (excluding all those who were members of the previous committees) for selection to the 24 unfilled seats. The selection shall be made on State wise basis. The committee shall interview only the candidates who are shown in the waiting list, the persons who unsuccessfully moved the High Court of Madras and the two petitioners before this Court. They shall allot separate marks under the five heads mentioned in the rule. The committee shall take into consideration only matters laid down in the rule, exclude from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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