1994 Supreme(Cal) 383

High Court Of Calcutta
S. B. SINHA, BASUDEVA PANIGRAHI
ASIS KUMAR MAITY - Appellant
Versus
STATE OF WEST BENGAL - Respondent
Matter 4814  Of  1993
Decided On : 12/21/1994

The State can adopt a policy in harmonious liaison with the Directive principles of the Constitution of India as enshrined in Art. 46 thereof.

Headnote:

RESERVATION - ADMISSION IN MEDICAL COLLEGES - STATE POLICY - VALIDITY - RETROSPECTIVE EFFECT - CONTEMPT PROCEEDINGS - INTERIM ORDERS - SCOPE AND PURPOSE.

Fact of the Case:

The State of West Bengal issued an advertisement calling for applications for appearance from the candidates at the Joint Entrance Examination, pursuant whereof the writ-petitioners applied. The petitioners, Jayanta Kumar Das and others applied in the year 1992 whereas Asis Maity and others applied in the year 1993. From the admit card issued to the candidates in the year 1992 it would appear that 15% seats were to be reserved for scheduled caste candidates, and 5% seats were to be reserved for scheduled tribe candidates. By reason of a Notification dated 30-5-92, 22% seats have been reserved for the scheduled caste candidates and 6% for scheduled tribe candidates.

Finding of the Court:

The Court held that the State Government could not have given any effect to its new reservation policy as contained in the Memorandum dated 30-4-92, so far as the students appearing in the Joint Entrance Examination in that year is concerned, inasmuch as the candidates for the said year had admittedly appeared at the examination in the year April, 1993. The students could not have suffered only because their results were not published prior to the issuance of the aforementioned Notification. It is true that a candidate appearing at the Joint Entrance Examination has a right to be admitted provided he is eligible therefor and he comes within the zone of admission. Had the State Government not increased the quota of reservation from 15% to 22% in case of scheduled caste and 5% to 6% in case of scheduled tribe candidates, the petitioners Jayanta Kumar Das and others, who are petitioners in Matter No. 2529 of 1992 would have been admitted.

Issues: 1. Whether the State policy of reservation of seats for admission in Medical and Engineering candidates (Colleges) for scheduled castes and scheduled tribes candidates, as contained in the order dated 30-5-92 were valid? 2. Whether the State could have issued the impugned Notification dated 30-5-92 in exercise of its powers under Article 162 of the Constitution of India? 3. Whether the State could have issued the impugned Notification only because earlier it had issued a Notification reserving 22% posts for scheduled caste candidates and 6% posts for scheduled tribe candidates? 4. Whether the State could have given any effect to its new reservation policy as contained in the Memorandum dated 30-4-92, so far as the students appearing in the Joint Entrance Examination in that year is concerned? 5. Whether the interim orders passed by the learned Judge in the contempt matter were valid?

Ratio Decidendi: 1. The Court held that the State can adopt a policy in harmonious liaison with the Directive principles of the Constitution of India as enshrined in Art. 46 thereof. 2. The Court held that in absence of any legislative Act, the legislative field could be filled up by the State in exercise of its executive power. Power under Art. 162 of the Constitution of India is co-extensive with its legislative power. 3. The Court held that the State could not have issued the impugned Notification only because earlier it had issued a Notification reserving 22% posts for scheduled caste candidates and 6% posts for scheduled tribe candidates. 4. The Court held that the State could not have given any effect to its new reservation policy as contained in the Memorandum dated 30-4-92, so far as the students appearing in the Joint Entrance Examination in that year is concerned, inasmuch as the candidates for the said year had admittedly appeared at the examination in the year April, 1993. 5. The Court held that the interim orders passed by the learned Judge in the contempt matter were valid, however, it is not necessary to proceed with the matter any further.

Final Decision: The Court dismissed the appeal arising out of Matter No. 4814 of 1993 and disposed of Matter No. 2529 of 1992 and Matter No. 2890 of 1992 on the terms that the students who obtained admission in the Medical Colleges pursuant to the interim order passed by this Court continue their studies.