ORDER.-Both these writ petitions can be dealt with by a common judgment, suffice it to note the facts of Writ Petition No. 2644 of 1977. The petitioner (Miss Mary Varghese) was a candidate for admission to the First year M.B.B.S course in Jawaharlal Institute of Post-Graduate Medical Education and Research, Pondicherry (hereinafter referred to as JIPMER) for the academic year 1977-78. She passed the Pre-University examination in first class and obtained distinction in Physics and Chemistry, having secured more than 68 per cent. in Biology. Since she was interested in taking up Medical Profession, she took second group in the Pre-University with the intention of doing M.B.B.S. She applied to the First year M.B.B.S. course in JIPMER. She was given Roll. No. C/9/P and was asked to appear for the entrance examintion on 19th June, 1977. Accordingly, she took the examination and she did well. The admission is based upon the results of the entrance examination. To the 65 seats for the First year course, the seats are distributed as under:

Open General 27

Pondy General 11

Pondy S/Cs. 3

Pondy S/Ts. 1

Open S/Cs. 6

Open S/Ts. 2

Government nominations 15

Total &151;&151;

65

&151;&151;

The number of applications received against these various categories are as follows:

Applications

received Candidates

appeared

Open General .. .. 5873 .. .. 4881

Pondicherry General .. .. 161 .. .. 141

Pondicherry Scheduled Caste .. .. 5 .. .. 5

Pondicherry Scheduled Tribe .. .. Nil .. .. Nil

Open Scheduled Caste .. .. 119 .. .. 94

Open Scheduled Tribe .. .. 18 .. .. 13

It requires to be noted at this stage that for these 11 seats in Pondicherry General 144 candidates had taken the examination. Pondicherry General seats are allotted to the following candidates:

1. Native of Pondicherry by virtue of birth;

2. Candidates having continuous residence for five years or more at the time of submission of application form;

3. The wards of Central Government employees including employees of Public Sector undertakings under Central Government posted in the Union Territory of Pondicherry irrespective of the period of their residence in the Union Territory.

2. As I said above, the written entrance examination took place on 19th June, 1977. The results were published on 17th July, 1977. On 29th July, 1977 the petitioner was called for interview. She was asked to make ready the money for the payment of admission fees etc. Along with her five others were also called for interview. No marks were allotted in the interview under the rules. Except that the petitioner was placed in the waiting list as No. 3 she was not admitted. Thus having been unable to secure admission to JIPMER she has filed the present writ petition on the following grounds:

(1) Under the Admission Rules, reservations have been made in favour of residents of Pondicherry, Scheduled Castes and Scheduled Tribes and Central Government nominees. The practice adopted by the first respondent discloses that an unreasonably large percentage of seats appears to have been reserved for children for the JIPMER staff. This is outside the rules and illegal and void. The classification of children of JIPMER staff as a separate class has no basis and it is violative of Articles 14 and 15 of the Constitution of India.

(2) The admission based upon the results of the entrance examination is capable of permitting abuse. The candidates past performances are not taken into consideration ; hence violative of Article 14 of the Constitution of India.

(3) The petitioner submits that respondents 3 and 4 came to be selected purely on the basis of their nativity certificates that they were born in Pondicherry. Such a selection would be violative of Article 15 (1) of the Constitution as discrmination based on mere place of birth which is prohibited under Article 15 (1).

3. Thus the prayer is made for declaration declaring that the selection for admission to the First Year M.B.B.S. Course in JIPMER for the academic year 1977-78 as illegal and lia

Click Here to Read the rest of this document