The Court held that the selection process for admission to the Medical College, Simla, was vitiated by procedural irregularities and that the petitioners were denied admission on arbitrary and unreasonable grounds. The Court also held that the rules governing admission to the College were discriminatory and violated the petitioners' fundamental rights under Articles 14, 15, and 29(2) of the Constitution.

M. H. BEG, C. J.:-Each of the two petitioners before us complains of denial, on similar grounds of admission into the Medical College, Simla, run by the Government of Himachal Pradesh (hereinafter referred to as the College). As questions of fact and law common to both the cases arose, they were connected and argued together, and will be disposed of by a single judgment.

2. Both petitioners, about 17 years in age at the time of applying for admission, submitted that they had complied with the conditions given in the rules contained in the prospectus of the college for the year 1970-71 so that they were entitled to be considered for admission by the Selection Board.

3. The prospectus for 1970-71 gives the objectives of the teaching programme of the college as follows:-

"1. To enable the students to prepare for general practice of medicine together with an understanding of the patient as an individual who is an integral part of the society.

2. To help develop firm foundations of scientific medicine so that students are enabled to continue self education throughout their professional career.

3. To encourage inquisitive attitude and foster a desire to advance knowledge as well as to apply it."

This statement of objectives will have to be borne in mind in judging whether the criteria framed for admission to the College were reasonably connected with the objectives aimed at by the teaching programme. The legality of other objectives which may be gathered from the affidavits filed on behalf of the College and the Government of Himachal Pradesh, will also be considered by us.

4. Part B of the prospectus deals with admission of candidates and states that conditions given therein should be carefully studied by them before submitting their applications and that these will govern admissions. The relevant rules contained here are:-

"1. ADMISSION"

Admission to this College will be done according to the conditions given below which should be carefully gone through by the desirous candidates while submitting their applications.

Subject to any special order of the Himachal Pradesh Government, the total seat in the College is limited to 60. This number will be increased when the buildings are ready. Students of the following categories will be eligible to compete:

(a) Permanent residents of Himachal Pradesh.

(b) Children of Himachal Pradesh Government employees.

Note- (1) Candidates with rural bias will be preferred.

(2) Children of Non-Himachal Central Govt. employees serving in Himachal Pradesh are not eligible for admission into H.P. Medical College, Simla. Against the total number of 60 seats, the admissions will be done as under:

(a)

Scheduled Castes 15% Inter-

(b)

Scheduled Tribes 5% changeable

(c)

Backward Classes 2%

(d)

Son(s) daughter(s) of Defence Service Personnel of Himachal Pradesh who distinguished themselves in the National Emergency

One

(e)

Women students Twelve

(f)

Remaining seats to be filled on merit.

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Note: Remaining unfilled seats from the categories (a), (b), (c) and (d) mentioned above will be treated as unreserved provided the required number of eligible candidates do not come forward and will be filled on merit. Admission of women candidates against twelve seats will be done purely on open merit. No special teaching arrangements exist for them. Their teaching and study arrangements are the same as for the male students, with whom they have to work.

2. The minimum qualification for admission is F.Sc. (Medical Group) or pre-Medical or equivalent examination as recognised by the Punjab University in 2nd Division, which for this purpose will be 50% of total marks obtained in compulsory subjects viz. English, Physics, Chemistry (including Organic Chemistry) and Biology only, of the qualifying examination, after deducting the marks, if any, obtained in the optional subjects.

3. Every candidate for admission to this College must complete the age of 17 years on the