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TMI Blog1971 (5) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... however, raise certain additional questions which will be dealt with to that extent separately. Writ Petition No. 619 of 1970 2. The petitioner in this Writ Petition passed the Secondary School Leaving examination in March 1968 obtaining first class marks. In March 1969, she passed the Pre-University Course Examination held by the Bangalore University securing 67% marks in optional subjects, namely, Physics, Chemistry and Biology, and 71% marks in the aggregate. Her father having retired at Dharwar, she prosecuted her further studies for B.Sc. Part I examination in the Karnatak Science College, Dharwar, a college affiliated to the Karnatak University. She passed the B.Sc. Part I examination held by that University securing once again a first class. 3. Under Ordinance 144(c) of the Karnatak University, a student having passed the B.Sc. Part I examination with Physics, Chemistry and Biology as his optional subjects would be a eligible for admission to a medical course provided he has obtained the minimum marks prescribed for admission to that course from time to time. The petitioner having obtained first class marks in the B.Sc. Part I examination was, therefore, eligible for admiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leading to M.B.B.S. in the said Government medical colleges and to 59 seats in the aggregate in the four private medical colleges mentioned therein. The expression the Pre-Professional/B.Sc. Part I Course leading to M.B.B.S. has been used in Sub-rule (2) of Rule 1 to mean Pre-Professional course in Bangalore and Mysore universities, and B.Sc. Part I course leading to M.B.B.S. in the Karnatak University. The scheme under the rules is that on passing the Pre-University Course examination a pupil becomes eligible to apply for admission to the Pre-Professional Course in Bangalore and Mysore universities and to the B.Sc. Part I Course leading to M.B.B.S. in the Karnatak University, the common qualification for eligibility to both the said courses in the three universities being the passing of the P.U.C. examination. Rule 2 prescribes the qualification for eligibility. Under this rule the candidate must have passed the P.U.C. examination or the XI standard of the Higher Secondary Schools examination of any university established by law in India or of any institution recognized by the State Government, or an equivalent examination with (i) Physics, Chemistry and Biology, or (ii) Chemistr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... colleges affiliated to the Karnatak University shall be allotted to persons passing from colleges affiliated to that university, and seats in colleges affiliated to Bangalore and Mysore Universities shall respectively be allotted to persons passing from colleges affiliated to each such university, provided that not more than 20% of the seats in the colleges affiliated to any university may, in the discretion of the Selection Committee, be allotted to students passing from colleges affiliated to any other university in the State or elsewhere in India. The rest of the rules do not affect the petitioner's case, and therefore, need not be cited. 10. Briefly, the effect of these rules is that the qualification for selection to the Pre-Professional Course, as It is known in Mysore and Bangalore universities, or B.Sc. Part I Course leading to M.B.B.S. in the Karnatak University, is that the candidate has either passed the P.U.C. examination, or is a graduate having bad the aforesaid optional subjects. The selection is to be made by the selection committee under Rule 7(2) for admission to the Pre-Professional/B.Sc. Part I leading to M.B.B.S. A student getting admission to the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to allot seats, upto 20% of the seats in the colleges affiliated to a university, to students passing from colleges affiliated to any other university in the State or even elsewhere in India. 13. Consequently, the petitioner having passed her P.U.C. examination from Bangalore University could apply for admission in a medical college affiliated to that university. If she were to apply for admission in a medical college affiliated to the Karnatak University she could only be selected to a seat from among seats upto the maximum of 20% of seats left in the discretion of the Selection Committee as provided by Rule 9(1). It is true that she had got 67% marks in optional subjects in the P.U.C. examination and students with lesser number of marks, but passing from colleges affiliated to the Karnatak University, got admission. But that was because she had passed the P.U.C. examination held by the Bangalore University and wanted admission in a medical college affiliated to another university, namely, the Karnatak University. 14. In view of this consequence, counsel for the petitioner made three submissions: (1) that once the petitioner was eligible for admission to a medical college affili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ules or act inconsistently with the ordinances or the regulations of the universities laying down standards of eligibility. It is nobody's case that the Government has made rules which are in any way inconsistent with the rules for eligibility laid down in such ordinances and regulations. 17. Since the Government has set up these colleges and maintains them, it has prima facie the power to regulate admission in its own institutions. Counsel for the petitioner pointed out to us no provision from the University Acts which deprives the Government of the power of making rules for admission in its own colleges. That being so, it cannot be said that the Government has no power to regulate admission in its own colleges or that because a student is eligible for admission under the University ordinances, he automatically gets a right to admission which he can enforce in a court of law. 18. The rules are limited to admission to the Pre-Professional/B.Sc. Part I Course leading to M.B.B.S. degree in the Government medical colleges and in respect of 59 seats in the aggregate in the medical colleges run by private management. The control for admission in respect of the 59 seats in the privat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the ratio of the population of each district to the total population of the State. The contention was that distribution of seats district wise would result in denial of better candidates from being selected and candidates of inferior calibre getting selected only because they were born in that district where there were fewer candidates of good calibre. In defence of such a classification, two reasons were urged: (1) that if district wise classification was not provided, candidates from Madras city would get a larger number of seats in proportion to the population of the State, elbowing out candidates from the districts, and (2) if selection was made district wise, those selected from a district were likely to settle down as practitioners in that district, so that the districts were likely to benefit from their training. It was conceded that Article 14 permitted classification. But this Court rejected the justification for the aforesaid classification urged by the State on the ground that the first meant that candidates from the districts, admitted to be of inferior calibre than candidates from Madras city, would stand a better chance of selection, a result defeating the very o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h these decisions are distinguishable as the basis on which the selection of candidates is sought to be made under the present rules is quite different in that it is neither district wise nor unit wise, but is university-wise. Therefore, the infirmities found in the selection rules in those two cases and for which they were struck down cannot be relevant in any scrutiny of the present rules, much less can they be relied upon for an attack on them. 22. The three universities were set up in three different places presumably for the purpose of catering to the educational and academic needs of those areas. Obviously one university for the whole of the State could neither have been adequate nor feasible to satisfy those needs. Since it would not be possible to admit all candidates in the medical colleges run by the Government, some basis for screening the candidates had to be set up. There can be no manner of doubt, and it is now fairly well settled, that the Government, as also other private agencies, who found such centers for medical training, have the right to frame rules for admission so long as those rules are not inconsistent with the university statutes and regulations and do no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Government which bears the financial burden of running the Government colleges is entitled to lay down criteria for admission in its own colleges and to decide the sources from which admission would be made, provided of course, such classification is not arbitrary and has a rational basis and a reasonable connection with the object of the rules. So long as there is no discrimination within each of such sources, the validity of the rules laying down such sources cannot be successfully challenged. (See Chitra Ghosh v. Union of India [1970] 1 SCR 413). In our view, the rules lay down a valid classification. Candidates passing through the qualifying examination held by a university form a class by themselves as distinguished from those passing through such examination from the other two universities. Such a classification has a reasonable nexus with the object of the rules, namely, to cater to the needs of candidates who would naturally look to their own university to advance their training in technical studies, such as medical studies. In our opinion, the rules cannot justly be attacked on the ground of hostile discrimination or as being otherwise in breach of Article 14. 23. The l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... communities, which also was not in the interests of the society as a whole. The Court there observed that in adjusting the claim of both the weaker and the stronger elements the reservation for the former should ordinarily be less than 50%, although no inflexible percentage could be fixed and the actual reservation must depend upon the relevant prevailing circumstances in each case. In Periakaruppan's case W.P.S. 285 of 1970, decd. on Sep. 23, 1970 41% reservation for the socially and educationally backward classes was held not to be excessive. No materials have been placed before us which would show that in the circumstances prevailing in Mysore State reservation made under Rule 5 is unreasonably excessive. Setting apart 60 seats under Rule 4 is, as already stated, not a reservation but laying down sources for selection necessitated by certain overriding considerations, such as obligations towards those who serve the interests of the country's security, certain reciprocal obligations and the like. The reservation under Rule 5, though apparently appearing on the high side, not having been shown as unreasonably excessive, the contention in regard to it must fail. 25. These w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s required by Rule 3 of the said Rules. Rule 3 requires that to be eligible for selection, a candidate must be (a) a citizen of India, (b) a person domiciled in the State of Mysore, and (c) a resident of the State for at least 10 years at any time before the date of application. Rule 9(1) provides that seats other than those reserved under Rule 4 shall be distributed university-wise, i.e., seats in colleges affiliated to the Karnatak University shall be allotted to persons passing from colleges affiliated to that university, and seats in colleges affiliated to Bangalore and Mysore universities shall respectively be allotted to persons passing from colleges affiliated to each such university. That rule, however, has a proviso which lays down that not more than 20% of the seats in colleges affiliated to any university may in the discretion of the Selection Committee be allotted to students passing from colleges affiliated to any other university in the State or elsewhere in India. Thus, candidates applying for selection fall into two categories: (1) those having passed the P.U.C. examination from colleges affiliated to that university to which a medical college in which admission is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come to the family house in Bellary during her vacations, and therefore, she must be deemed to have resided all throughout at Bellary. Such an explanation, however, suffers from two defects: (1) that such a plea was made for the first time in the affidavit in rejoinder in answer to the counter-affidavit filed by the respondents, and (2) that residence as contemplated by Rule 3 must prima facie have an element of continuity or regularity in residence and would not mean an intermittent stay such as during the vacations. It would thus appear that the petitioner did not, notwithstanding the certificate of residence issued by the Tehsildar, comply with the requirement of 10 years' residence under Rule 3. However, for the reasons stated hereafter it is not necessary to go into these questions either as regards the facts relating to her residence in Bellary or the validity of Rule 3 sought to be challenged in this petition. 33. It is true that the petitioner obtained in the P.U.C. examination held by Venkateswara University, 150 out of 200 marks in optional subjects taken by her, but as her application itself shows, the total number of marks secured by her in that examination were 38 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner is a science graduate having passed her B. Sc. examination held by the Bangalore University in 1969. In that examined she secured 505 out of 1000 marks, i.e., 50.5%. On July 23, 1970, she applied for being admitted to the Pre-Professional Course in Medicine. Her name did not appear in the list of selected candidates issued by the Selection Committee under the Rules for Selection of Candidates for Admission, 1970 framed by the State Government. Aggrieved by the non-inclusion of her name, the petitioner filed this writ petition. 37. Besides raising several disputes which are common to other writ petitions in the present batch, she raised an additional issue challenging the validity of Rule 4(h) of the said Rules. As already stated, the rule provides for reservation of seats for different categories of candidates applying for selection and Clause (h) reserves 4 seats each in the medical colleges at Bangalore, Mysore and Hubli, and 3 seats in the Medical College at Bellary, in all 15 seats, for the Children of Political Sufferers . The petitioner did not challenge the reservation of seats made in this rule for other categories of persons, such as children of Defence Person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the alien British rule. The ambiguity, counsel complained of, in these words in the definition is difficult to comprehend. There are ample details in the definition not to leave any scope for arbitrariness or discrimination in its application to a candidate who claims to be a child of the political sufferer envisaged by Clause (h) of the rule. We, therefore, turn to the second part of the argument without detaining ourselves any further on the grievance of ambiguity in the definition. 40. The argument is that the category of children of political sufferers is arbitrary in the sense that it is entirely politically oriented, is Without any rational differentia and has no nexus with the object of the rules. In support of the argument against such a category, the case of Surendrakumar v. State was cited as an illustration where a similar category had been struck down. The State Government there had made reservation of seats which was incorporated in the prospectus issued by each of the five medical colleges run by the Government. The reservation was challenged on the ground of its infringing Article 14. The reservation was in respect of 5 categories of candidates, namely, (1) for for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tween the political suffering of a person and the education imparted to his descendants in a medical college with the object of promoting efficiency in the medical profession . 42. On account of paucity of institutions imparting training in technical studies and the increasing number of candidates seeking admission therein, there is obviously the need for classification to enable fair and equitable distribution of available seats. The very decisions relied on by counsel for the petitioner, implicitly recognise the need for classification and the power of those who run such institutions to lay down classification. In Rajendran's case [1968] 2 SCR 786 this Court impliedly accepted two sources of recruitment made under the rules there challenged, namely, (1) those competing for seats in the general pool, and (2) those from the socially and educationally backward classes for whom reservation permitted under Article 15(4) was made. What was struck down there was the district wise distribution based on sheer residence as that would defeat the very object of the rules, namely, the selection of the best and the most meritorious from the two sources of recruitment. The power to lay down ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he definition of a 'political sufferer' being a detailed one and in certain terms, it would be easily possible to distinguish children of such political sufferers from the rest as possessing the criteria laid down by the definition. The object of the rules for admission can obviously be to secure a fair and equitable distribution of seats amongst those seeking admission and who are eligible under the University Regulations. Such distribution can be on the principle that admission should be available to the best and the most meritorious. But an equally fair and equitable principle would also be that which secures admission in a just proportion to those who are handicapped and who, but for the preferential treatment given to them, would not stand a chance against those who are not so handicapped and are, therefore, in a superior position. The principle underlying Article 15(4) is that a preferential treatment can validly be given because the socially and educationally backward classes need it, so that in course of time they stand in equal position with the more advanced sections of the society. It would not in any way be improper if that principle were also to be applied to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... national movement for the emancipation of India- (a) has suffered imprisonment or detention for a period of not less than six months, the said period being calculated taking into account the period of remission, if any, granted for good conduct and other like reasons, or had been awarded capital punishment or had died while undergoing imprisonment or detention; or (b) was killed or became permanently incapacitated by police or military firing or lathi charge; or (c) lost his job, property or other means of livelihood. 47. The petitioner's learned counsel relied on several decisions in support of his challenge to the validity of this sub-rule on the ground that this reservation has no rational nexus with the object of selecting the most meritorious or suitable candidates for medical education so that they may be able both to serve the people as doctors with the requisite efficiency and to find adequate means of livelihood for themselves. According to the petitioner's argument the mere fact that the parents of such candidates had before 1947, as a result of their participation in national movement for the emancipation of India from the foreign rule, suffered imprisonment, de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntia must have a rational relation to the object sought to be achieved by, the provision in question. It was emphasized that what has to be seen is the distinguishing feature existing at the time of the admission and the fact that the parents of the candidates had suffered by their patriotic activities admittedly more than 23 years ago does not reasonably lead to an inference that in 1970 also the children of such political sufferers constituted a class by itself requiring preference over other candidates seeking admission to the Medical Colleges. 49. The learned Attorney-General apart from relying on the case of Chitra Ghosh [1970] 1 S.C.R. submitted that the petitioner in Writ Peti-No. 622 of 1970 (R. Jayashree), in which case alone this sub-rule was challenged, had obtained marks which were lower than the last candidate admitted from the category of the children of political sufferers. On this ground it was submitted that, even assuming Rule 4(h) to be invalid, the petitioner could not claim admission, because her marks were admittedly lower than those of the last candidate admitted from the category of the children of political sufferers. Those children, even ignoring Rule 4(h) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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