Judgement

R. S. PATHAK. J. :- The petitioner challenges the admission of a number of candidates to the M. B. B. S. course in the Government Medical College, Srinagar for the session 1980-81. The petitioner, who had also applied for admission, was denied it. She contends that the criteria adopted in granting admission is discriminatory, unreasonable and void.

2. The Principal, Government Medical College, Srinagar invited applications by 3rd April, 1980 for admission to the M. B. B. S. course for the session 1980-81, and the notice specified the qualifying examinations of the Board of Secondary Education, Kashmir, or any other equivalent Board or University which constituted the basis of eligibility. The manner and procedure 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.

3. 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, 25% were reserved for candidates from Scheduled Castes and other reserved categories, one of which was broadly described as "specially an educationally backward classes" and included candidates from (a) areas adjoining actual line of control and (b) areas known as bad pockets including Ladhak. After selection had been made as above, the remaining 25% of the seats were to be filled "on the basis of inter se merit to ensure rectification of imbalance in the admission for various parts of the State, if any, so as to give equitable and uniform treatment to those parts". It was also recited that in case there was no "visible imbalance", the seats earmarked under that head were to be distributed among further "open merit" candidates. On 27th June, 1974, the percentage of seats reserved for the different categories was re-fixed, so that 60% of the seats were now earmarked for admission on the basis of "open merit", 20% for distribution among candidates from the Scheduled Castes and other reserved categories including socially and educationally backward classes and the remaining 20% of the seats were earmarked for "ensuring rectification of imbalances". Still another order dated 21st April, 1976 reduced the reservation for removing regional imbalances form 20% to 18%.

4. The selection of candidates for admission to the Government Medical College, Jammu for the academic year 1979-80 was challenged in this Court in Nishi Maghu v. State of Jammu and Kashmir, AIR 1980 SC 1975 and the Court held that "the classification made for rectification of regional imbalance without identifying the areas suffering from in balance was vague and the selections made under that head were accordingly invalid". The Court directed that the seats reserved under that head should be added to the quota of seats earmarked for selection on the basis of merit and filled accordingly.

5. Thereafter, in an attempt to remove the deficiency pointed out by this Court in Nishi Maghu (AIR 1980 SC 1975) (supra), the State Government published Notification No. 41-GR of 1980 dated 24th Septem