JUDGMENT

GUPTA, J.:— The selection of candidates admitted to the Government Medical College, Jammu, for the academic year 1979-80 is challenged in these petitions under Article 32 of the Constitution by some of the candidates who were not selected. By notification published in the Jammu and Kashmir Government Gazette on June 21, 1979 applications were invited for admission to the M. B. B. S. course in the aforesaid college. Only those candidates who had passed the Pre-Medical or Inter-Science or First Year T. D. C. (Medical Group) examination from the University of Jammu or any other equivalent examination and had secured not less than 50 per cent marks in science subjects in aggregate (theory and practical) were eligible to apply for admission; however, for scheduled castes, scheduled tribes, Bakarwal and Gujjar candidates and candidates from Ladakh district and Bad pockets the qualifying marks was 45 per cent. Candidates who had been selected or nominated by the Government of Jammu and Kashmir or had been already selected by a selection committee constituted by the Government for any training course in or outside the State were not eligible to apply or to appear for interview for admission to this college. The notification added: "Comparative merit of the candidates will be adjudged with respect to physical fitness, aptitude, personality, general knowledge and general intelligence in the interview, for which marks will be awarded according to the performance of the candidates". It was further provided that the selection would be made in accordance with the manner and procedure laid down in the various orders issued by the Government from time to time. The total number of seats filled by selection in this college for the year 1979-80 was 52. The candidates numbered 526, out of which 473 actually appeared for interview. In addition 10 seats were filled by candidates nominated by the Government. It appears from the supplementary affidavit filed on behalf of the State of Jammu and Kashmir that the nominations had to be made only from two sources: wards of non-resident Defence personnel, and students from other States.

2. Before we proceed to consider the grounds on which the selection is challenged, it will be necessary to refer to the contents of the orders issued by the Government of Jammu and Kashmir to regulate the selection. The earliest order which is relevant in this context was made on July 9, 1973. This concerns admission to technical institutions which include medical colleges. The order starts by saying that "the man power requirements of various parts of the State have not received uniform and equal treatment with the result that there has been imbalance in the development of human resources in these parts", and "since the admission to technical institutions also lead to the development of human resources", it had therefore "became necessary to provide equal opportunities to the permanent resident candidates of all parts of the State and all sections of society". The order then lays down the following rules for admission until further orders, it is said, with the aforesaid object in view:

(1) 50 per cent of the seats "should be straightway earmarked for being filled upon the basis of open merit in accordance with the criteria to be adopted by the concerned selection committee constituted by the Government in this behalf".

(2) Of the remaining seats, 25 per cent is reserved for candidates falling under the categories specified below to the extent indicated against each, to be 1977 filled on the basis of merit in each category:

(a) Scheduled castes. 8

(b) Children of freedom fighters 7

(c) Children of permanent resident Defence personnel. 3

(d) Candidates belonging to the following socially and educationally backward classes as recommended by the Backward Class Committee:

(i) Areas adjoining actual line of control. 3

(ii) Areas known as bad pockets including Ladakh. 3

(iii) Social castes. 1

It is further provided in