1978 Supreme(Pat) 112

PATNA HIGH COURT
S.R.Jha, Uday Sinha and Birendra Prasad Sinha JJ.
Amalendu Kumar
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 566 of 1979 ;
Decided On : MAY 2, 1978

The reduction of qualifying marks to 35% has no relevance to the primary object of securing the best possible candidates consistent with the objective of making provision for the advancement of Scheduled Castes and Scheduled Tribes.

Headnote:

JUDGEMENT - UDAY SINHA, J. - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY]

Fact of the Case:

The petitioner, a candidate for admission to the first year Medical course, commonly known as M.B.B.S., in any of the several Medical Colleges in this State for the session 1978-79, appeared at the combined examination and secured 72.5% marks. A select list of students to be admitted was thereafter prepared in accordance with Annexure-1. It was then discovered that only 11 students of the Scheduled Tribes and 35 students of the Scheduled Castes had qualified for admission for the seats reserved for them. The result was that 46 seats reserved for Scheduled Tribes and 53 seats for the Scheduled Castes remained unfilled. In accordance with Government policy, effective since October, 1976, contained in Annexure-2 all the unfilled seats of the reserved quota were to be thrown open to candidates in the general quota. If the admissions had taken place on the basis of Annexures-1 and 2, the petitioner as averred, would have been selected for admission. The Additional Director of Health Services, however, issued a directive on 8-1-1979 (Annexure-3) to respondent No. 4, who happened to be the Convener of the Pre-Medical and Dental Training Course, whereby it was laid down that the minimum qualifying marks for Harijans and Adivasis were to be 40%. Howsoever vague the expression "Harijan" may be counsel for the parties have accepted that, this expression referred to members at the Scheduled Castes. This reduction of qualifying marks naturally put the chances of the petitioner being selected in serious jeopardy. He, therefore, filed the present application for quashing Annexure-3. Before the application could be admitted, which took place on 27-2-1979, the Special Secretary in the Health Department issued another directive to respondent No. 4 which is Annexure-4 to this application. The petitioner, therefore, by a supplementary affidavit challenged the validity of Annexure-4, as well.

Finding of the Court:

The reduction of qualifying marks to 35% has no relevance to the primary object of securing the best possible candidates consistent with the objective of making provision for the advancement of Scheduled Castes and Scheduled Tribes. The reductions certainly seek to confer certain privileges upon Scheduled Castes and Scheduled Tribes, but it completely ignores the other intelligible differentia of securing a minimum standard of efficiency. Such a step severely militates against the guarantee provided in Article 15(1) of the Constitution. Clause (4) of Article 15 being an exception to Clause (1), it cannot be extended so as in effect to destroy the guarantee of Clause (1). That is what was observed in the case of P. Sagar (Supra). If the offending parts of Annexures 3 and 4 are permitted to retain their existence, the right of equality guaranteed to the petitioner by Article 15(1) will be rendered completely nugatory.

Issues: 1. Whether the reduction of minimum qualifying marks from 45% to 40% and thereafter to 35% was annihilative of the petitioner's fundamental right guaranteed by Article 15(1) of the Constitution which prohibits discrimination of any citizen on grounds only of religion, race, caste sex, etc.? 2. Whether the State could be compelled to release unfilled Scheduled Castes and Scheduled Tribes seats if they are not filled up? 3. Whether the relaxation in qualifying marks for admission of Scheduled Castes and Scheduled Tribes candidates can adversely affect aspirants to the open general seats?

Ratio Decidendi: 1. Article 15(1) prohibits the State from discriminating against any citizen on the ground of religion, race, caste, sex, place of birth or any of them. Article 15(4) was introduced by the Constitution (First Amendment) Act 1951 to ensure that any special provision made by the State for the advancement of any socially and educationally backward classes of citizen or for the Scheduled Castes and Scheduled Tribes may not be vulnerable to attack before a Court of Law. 2. The State cannot be compelled to release unfilled Scheduled Castes and Scheduled Tribes seats if they are not filled up. 3. The relaxation in the qualifying marks for admission of Scheduled Castes and Scheduled Tribes candidates cannot adversely affect aspirants to the open general seats.

Final Decision: For the reasons, stated above, the application is allowed in part Annexures-3 and 4 issued by the Additional Director, Health Services and Special Secretary (Health), Shri H.K. Dubey, respectively reducing the minimum qualifying marks for Schedule Castes and Scheduled Tribes are hereby quashed. The authorities will now be free to admit students to Medical Colleges in accordance with Annexure-1.