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1969 Supreme(J&K) 17
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
S. Murtaza Fazl Ali,Anant Singh, JJ.
Sardool Singh & Ors. - Appellant
Versus
Principal, Medical College, Srinagar & Ors. - Respondent
Writ Petition No. 118, 153, 154, 161, 165, 166, 168, 176 to 187, 192, 193, 198, 201, 212, 215, 216, 222/1968-69
Decided On : 16 April, 1969
Advocate For Appellant: T.R. Bhasin
Advocate For Appellant: J.N. Bhan
Advocate For Appellant: D.D. Thakur
Advocate For Appellant: Ram Nath Bhalgotra
Reservation for children of servicemen and ex-servicemen is a valid classification under Art. 14 of the Constitution, considering their unique circumstances and invaluable services to the country.
Headnote:
ADMISSION TO MEDICAL COLLEGE - SELECTION OF CANDIDATES - RESERVATION FOR CHILDREN OF SERVICEMEN AND EX-SERVICEMEN - VALIDITY - ARTS. 14, 15(4), 29(2) OF THE CONSTITUTION OF INDIA.
Fact of the Case:
Writ petitions challenging the admission of candidates to the Medical College at Srinagar, alleging favouritism, nepotism, and impermissible reservations by the State Government under Arts. 14, 15, and 29 of the Constitution of India.
Finding of the Court:
1. The selection committee followed an objective process, adding marks from the last qualifying examination and the interview, and did not manipulate marks to favor particular candidates. 2. Reservation for children of servicemen and ex-servicemen is justified due to their unique circumstances and invaluable services to the country, and is a valid classification under Art. 14 of the Constitution. 3. Reservation for members of the Scheduled Castes and Ladakh district is permissible under Art. 15(4) of the Constitution, as they are socially and educationally backward classes.
Issues: 1. Whether the selection process for admission to the Medical College was objective and fair. 2. Whether the reservation for children of servicemen and ex-servicemen is valid under the Constitution. 3. Whether the reservation for members of the Scheduled Castes and Ladakh district is permissible.
Ratio Decidendi: 1. The selection committee's process of adding marks from the last qualifying examination and the interview, without manipulating marks, was objective and fair. 2. The reservation for children of servicemen and ex-servicemen is justified under Art. 14 of the Constitution, as they are a distinct class with unique circumstances and invaluable services to the country. 3. The reservation for members of the Scheduled Castes and Ladakh district is permissible under Art. 15(4) of the Constitution, as they are socially and educationally backward classes.
Final Decision: The writ petitions were dismissed, as the court found no merit in the petitioners' arguments and held that the selection process was objective and the reservations were valid under the Constitution.
2. The facts out of which these petitions arise may briefly be stated thus. By order No. 381 of 67, dated 6-7-67 the Government passed a general order laying down conditions under which admissions to various educational and technical Institutions were to be regulated including the Srinagar Medical College, The Government notification further constituted a selection committee which was appointed for the purpose of recommending admission of candidates to the Medical College. In the instant case we are concerned with para 1 of the Notification which refers to the Medical College and which runs thus: -
"In supersession of previous orders on the subject sanction is hereby accorded to the committees for selection of candidates for various courses of trainings (within and outside the State) comprising of the members shown against each: -
(1) MBBS/BDS/B. Pharmacy
i. Principal, Medical College, Srinagar (Convener)
ii. Dr. S. C. Tyagi (Pathology)
iii. Dr. Naseer Ahmad (Medicine)
iv. Director of Education.
The admission capacity of Medical College Srinagar in the current Session is fixed at 75 seats. The seats which may be allowed to the students from outside the State will be in addition to this number. The committee will draw up list for 75 seats and for such seats as may be allotted to the State in other Medical Colleges."
3. It appears that this Notification was superseded by another Notification dated 4-7-68 being Government Order No. 551 of 68 dated 4-7-68 by which the number of seats for admission to the Medical College Srinagar for 1968-69 session were fixed at 60 to be filled in by the candidates belonging to the State. There were other seats reserved for candidates coming from outside the State. This Notification further laid down a certain standard of reservation for candidates who were permanent residents of the State and who belonged to the Scheduled Caste, the quota for these candidates being fixed at 5 per cent of the total seats. This Notification may be quoted thus: -
"In partial modification of Government Order No. 381 of 1967 dated 6-7-67, it is hereby ordered that: -
1. the number of seats available for admission in the Medical College Srinagar for the Session 1968-69 will be sixty. The seats which may be allowed to the students from outside the State will be in addition to this number.
2. Five per cent of the number of seats specified in clause I above be reserved for the permanent resident Scheduled Caste candidates subject to their selection in inter se merit.
Provided that if the permanent resident Scheduled Caste candidates are not available to fill up all the seats reserved for them, such seats as may remain vacant shall be filled up from amongst the candidates other than the aforesaid Scheduled Castes".
4. Apart from this, there was another Notification dated 20-8-68 which was of a general character and which laid down the criteria and the data on the basis of which certain classes of citizens were declared to be backward. This notification runs thus: -
"Whereas on the basis of the facts, figures and data given in the Census report and those available from other Public records the Government is of the opinion that the permanent residents of Ladakh district and the permanent re
