JUDGMENT

CHINNAPPA REDDY, J. —Writ Petitions questioning admissions to the medical colleges at Srinagar and Jammu appear to have become an annual feature in this Court. In the previous years, there was some justification. It does not appear, to be so this year. In these writ petitions, the selection of candidates for admission to the medical colleges at Srinagar and Jammu as well as the nominations by the Government of Jammu & Kashmir to medical colleges outside the State are in question. On May 24, 1983, the Government Jammu & Kashmir issued an advertisement inviting applications from permanentent residents of Jammu and Kashmir State for admission to the first year MBBS in the medical colleges at Jammu and Srinagar. One of the conditions of eligibility was that a candidate should have passed the "First TDC (Medical Group) examination from Jammu & Kashmir Board of School Education with not less than 50 of the total marks in English and Science subjects taken together". There was some relaxation in favour of candidates belonging to the Scheduled Castes, etc., with which we are not now concerned. We are also not concerned in them writ petitions with the reservations, made is favour of various classes. We are only concerned with the seats or places available for open competition. The advertisement expressly mentioned that the candidates would have to appear in a written test of "TDC-Part I Standard comprising of two papers, one paper consisting of the subjects, Physics and Chemistry and the other, Biology and English. It was also mentioned in the advertisement that the candidates would be required to appear at a viva voce examination. On 7th July, 1983, the Government of Jammu and Kashmir Published a notification called the Jammu and Kashmir Government Medical Colleges (Selection of Candidates for Admission to First year MBBS Course) Procedure Order 1983. Paragraph 4 of the order which is relevant is as follows :-

"4. Merit :- The inter-se-merit of the candidates shall be determined on the basis of the following :-

(i) Written test ... 85 Points

(ii) Viva voce ... 15 points

Total ... 100 Points

The points earmarked for viva-voce will further be sub-divided into the following factors :

(a) Aptitude ... 8 Points

(b) G. K. GI ... 7 points

Total ... 15 Points

On 26th August 1983, a Selection Committee was constituted consisting of the Chairman of the Jammu and Kashmir Public Service Commission as Chairman and two members, namely, the Principals of the two Government Medical Colleges at Srinagar and Jammu. The quorum for a meeting of the Committee was stipulated as the Chairman and one member on the same day by another notification it was directed that the Selection Committee should arrange and conduct the written test and evolve its own procedure far appointing examiners and for the conduct of the examination, etc. The Selection Committee held its first meeting on September 2, 1983 when one of the members, the Principal of the Government Medical College, Srinagar informed the Committee that his daughter was one of the candidates and that it would not be desirable for him to be associated, at any stage, with the written test to be conducted by the Committee and further that he would not like to be present when his daughter was interviewed. The Committee took note of the information and agreed with the suggestion. As the Government had also fixed a quorum for a meeting of the Committee, it was not considered necessary to have a substitute member appointed. Thereafter a detailed procedure was evolved for the written test and interviews. The Chairman was authorised to consult the Chairman of the Jammu & Kashmir Board of School Education and select the required number of examiners and paper-settors. The written test was conducted simultaneously at Jammu & Kashmir on September 22, 1983. The written test was followed by interviews from September 26, 1983 to October 11, 1983. One important factor which requires to be mentioned here is that the