SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1968 Supreme(Raj) 153

Rajasthan High Court
L.S. Mehta & Lodha, JJ.
Surendra Kumar - Appellant
Versus
The State of Rajasthan - Respondents
D.B. Civil Writ Petition No. 751 of 1968
Decided On : October 31, 1968

Advocates Appeared:
Narendra Mohan Kasliwaal, for Petitioner Surendra Kumar; Marudhar Mridul, for petitioners Shivratan Joshi, Gopal Bihari and Shivprakash; Gulabchand Kasliwal, Advocate General and Raj Narain Munsi, Additional Government Advocate, for the State of Rajasthan

Headnote:(a) Constitution of India, Arts 14, 226—Discrimination-Reservation of seats for children of medical professionals, political sufferers, M.Ps. and M. L. As. violative of Art.—Reservation for children of defence personnels not bad on the ground of larger national interest—Reservation of seats to be filled by State at its discretion bad.(b) Words and Phrases—Political sufferer—Term not capable of precise meaning.(c) Constitution of India, Art. 14—Increase of maximum age limit for candidates after closing dates not bad.(d) Education — Admission to Medical Colleges in Rajasthan — Government has power to prescribe conditions for admission.

       It would be not correct to say that even though the (Medical) Colleges in Rajasthan are run by the Government, the Government has no power to prescribe conditions for admission of students to the Colleges. It is difficult to accept that it is only the Principal who is appointed by the Government who can prescribe the conditions for admission and the Government has none. (Para 19)

LODHA, J.—By these writ petitions, the petitioners have challenged reserva-tion of certain seats made by the Government of Rajasthan in the Medical Colleges run by it in the State. The petitioners have also challenged the notifica-tion No. F. 5(1) ME/68, dated 30th August, 1968 (Exhibit 3) by which the Govern-ment of Rajasthan raised the upper age limit for admission to Medical Colleges in Rajasthan from 21 years to 22 years. Since all these writ petitions raise identical questions, we consider it convenient to dispose them of by a single judgment.

2. All the petitioners passed the first year of the three years Degree Course (Science) Examination in the year 1968 and applied for admission to the various Medical Colleges of Rajasthan for the Session commencing from July 1968. It may be stated here that there are five Medical Colleges in the State of Rajasthan run by the Government, and they are located at Jaipur, Bikaner, Udaipur, Jodhpur and Ajmer and all of them are affiliated to the University of Rajasthan. The last date for submission of applications for admission to the M.B.B.S. Classes of the said Medical Colleges was 25th June, 1968 and all the petitioners submitted their applications in the prescribed form before this date. They were all called for interview but were not admitted and therefore they have filed these writ applications before this Court praying that the reservation of certain seats made by the Govt. of Rajasthan in respect of certain classes of persons and the notification issued by the Government relaxing the upper age limit from 2! years to 22 years be struck down and further a direction be issued to the Government and the Principals of various Colleges to consider the applications of the petitioners for admission on the basis of merit after quashing the admissions of those candidates who have been admitted in pursuance of the reservations made by the Government also in pursuance of the notification raising the upper age limit.

3. For a correct appraisal of the arguments advanced on behalf of the petitioners, it would be necessary to narrate in brief the circumstances in which reservations were made by the Government and the notification regarding raising the upper age limit was issued. It is common ground between the parties that each Medical College In Rajasthan had issued a prospectus containing conditions of admission and other ancillary matters. We have referred to the prospectus lor the year 1968 69 issued by Sawai Man Singh Medical College, Jaipur and it is urged that similar prospectus were issued by other Colleges also Part I of the Prospectus issued by Sawai Man Singh Medical College deals with Conditions of Admission. Para 3 of this prospectus prescribes the order of preference in which the candidates will be admitted. It. reads as follows : —

"(3) Admission of candidates will be made in the following order of preference : —

(a) Candidates will be admitted in order of merit judged on the percentage of marks obtained either at the Intermediate Examination or the first year University Examination of Three year Degree Course or at the B.Sc. Examination whichever is more advantageous to the candidates provided that at the B.Sc. Examination marks in which the Division is awarded shall be considered.

(b) (1) Candidates securing less than 45 per cent of the aggregate marks will not be eligible for admission to the College.

(ii) Candidates passing in a supplementary examination shall not be eligible if they secure less than 48 per cent marks in aggregate.

The candidates, who have passed the I year T.D.C. Examination in supplementary and have been awarded a pass class at the Final Year T.D.C. (B.Sc.) Examination, are, required to submit the marks sheet of I year T.D.C. (Main and Supplementary, Examinations) together with the marks sheet of final year T.D.C. Examination failing which their applications will be rejected without making any reference.

(c) Candidates eligible under clauses (a) and (d) above shall b







































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top