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TMI Blog1981 (2) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... rocedure governing the eligibility for admission had been set forth in a Government order of 3rd April, 1978, which laid down that a Selection Committee constituted by the Government would determine the inter se merit of eligible candidates on the basis of an interview for judging their (a) physical fitness, (b) personality, (c) aptitude, (d) general knowledge and (e) general intelligence. This Government order was modified by a subsequent Government order dated 23rd June, 1980 and in the result eligible candidates were now required to appear not only in the viva voce examination but also in an objective test. These two tests along with merit in the qualifying examination of the Board or University constituted the three elements which together combined to form a basis for Selection. The qualifying examination carried 35 marks, the objective test was allotted 35 marks and the viva voce examination was assigned 30 marks. Besides the examination base constituted by the aforesaid three criteria, the selection was also determined by a distribution of the seats into three distinct divisions. Of the total number of seats 50% were earmarked for being filled on the basis of open merit, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the M.B.B.S course of the medical colleges of the State as the admission quota for the purpose of rectification of imbalances. From 14th to 17th July, 1980, as many as 660 candidates were interviewed by a Committee at Srinagar by way of viva voce examination. On 21st July, 1980 the State Government issued a directive that a total list of 125 candidates be prepared against all the seats of the two Government Medical Colleges, at Srinagar and at Jammu. A Selection List was finalised taking into account the reservations made for various categories and classes by the different Government orders, and was published on 29th September, 1980, and the names of 75 candidates were announced for admission to the M.B.B.S. course to the Government Medical College, Srinagar. The principal contention of Mr. Soli Sorabjee appearing for the petitioner in Writ Petition No. 5600 of 1980, is that notwith standing this brave attempt to meet the constitutional requirement indicated in Nishi Maghu (supra) the State Government has failed in its purpose. It is urged that there was no material before the State Government affording a pertinent basis for classifying these villages. It is pointed out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffers from the vice of arbitrariness and must be declared invalid. There is no intelligible data before us for sustaining the classification. No doubt the State Government has acted in its own wisdom, but the material to which that wisdom was applied has not been disclosed at all. The fact by itself that some hundreds of villages have been brought within the classification is of no assistance whatever. Over six years ago, this Court in State of U.P. v. Pradip Tandon(1) ruled that in the matter of admission of students to medical colleges a reservation in favour of candidates on the ground that they hailed from rural areas was unconstitutional. The Court repelled the argument that it was necessary to reserve seats for candidates from rural areas because they were handicapped in the matter of education. It also rejected the plea that as the number of marks obtained by candidates from rural areas in the qualifying test were much lower than the marks obtained by the general candidates that was an indication of the former's educational backwardness. Ray, C.J., speaking for the Court, observed: The reservation for rural areas cannot be sustained on the ground that the rural ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minutes on each candidate. This precisely is what happened here, because on the case of the State Government itself the average time devoted to the oral interview of each candidate was 4 minutes. However, we are reluctant to interfere on this ground because a clear pronouncement that an allocation of more than 15% of the total marks to the viva voce examination would result in constitutional invalidity has been made only recently, in Ajay Hasia (supra), by this Court and that was after the selection process in the present case had already been taken. We would prefer to impress on the State Government that there is need to revise the marks ratio because of the very real risk future selections will face on this score. The next contention for the petitioner is that having regard to the number of candidates interviewed and the time applied to conducting the interview no more than two minutes or so could have been given on the average to the oral interview of each candidate, a period demonstrating, in the submission of learned counsel, that the selection process was conducted in a perfunctory manner and there was no real application of the mind to the selection of candidates. The Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and influential persons in the State. The allegations have for the most part been made for the first time in the rejoinder affidavit and there has been no reasonable opportunity to the respondents to reply to them. Such allegations on this point as are contained in the writ petition are extremely vague and sketchy, and can form no basis for a finding in favour of the petitioner. There is one more contention, and that is that the respondents Nos. 7 to 12 did not apply for admission to the Principal, Government Medical College, Srinagar, and even if they are found to have done so their applications must have been submitted beyond the time prescribed as the qualifying examination in which they appeared was held late and the results were announced after the date prescribed for submitting the applications at Srinagar had expired. It appears from the record before us that inasmuch as the relevant examination was held late and the announcement of the results was delayed the State Government permitted the candidature of these applicants to be considered for inclusion in a common list drawn up to cover candidates for admission to either of the Government Medical Colleges, at Srinagar an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervation permissible is that in favour of Scheduled Castes and Scheduled Tribes. According to the Regulations, it is asserted, a Selection Committee can either take into consideration the marks obtained in a qualifying examination or in the competitive test. Nor, it is said, can a viva voce examination be permitted as a vehicle for selection. The validity of holding a separate objective test is also assailed as also of assigning 35% of the total marks to it. The merit test is challenged on the ground that no curricula have been prescribed in relation thereto Objection to the objective test and the viva voce examination is based on the ground that they fall outside the scheme envisaged by the Regulations made by the Indian Medical Council for admission to the M.B.B.S. course. The respondents, however, question the validity of the Regulations. We are then referred by the petitioners to clauses (j) and (I) of s. 33, Indian Medical Council Act, 1956 in support of the contention that the power of the Council to make regulations extends to making regulations prescribing the examinations and tests for admission. It seems to us prima facie that those provisions do not authorise the Council ..... X X X X Extracts X X X X X X X X Extracts X X X X
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