Judgment

CHINNAPPA REDDY, J.:- Even after thirty four years of the Constitution proclaiming equality before the law and equality of opportunity, the Chief Ministers of some States continue to regard admission to Professional Colleges and appointments to Government posts as their little private empires. So recently as on September 19, 1983, this Court had to disabuse this impression in Suman Gupta v. State of Jammu and Kashmir AIR 1983 SC 1235. The question in that case arose this way : A certain number of seats in the. medical colleges of one State were reserved for candidate from other States to be nominated by the Governments of the other States. Was an absolute power vested in the State Governments in the choice of candidates for nomination or was it incumbent on the State Governments to adopt definitive criteria and follow pre-defined norms? Pathak, J. speaking for himself, Chandrachud, C.J. and Sabyasachi Mukherji, J. said :

"After considering the matter carefully, we confess, we are unable to subscribe to the view that the selection of candidates for that purpose must remain in the unlimited discretion and the uncontrolled choice of the State Government .......................