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1996 Supreme(Ori) 247
IN THE HIGH COURT OF ORISSA
R.K. Patra, R.K. Dash, JJ.
DR. PRATAP CHANDRA MOHANTY AND OTHERS - APPELLANT
Versus
STATE OF ORISSA AND OTHERS - RESPONDENT
Original Jurisdiction Case Nos. 4777, 5131, 5367, 5507, 6219, 7126, 7257, 7281, 8580, 8891 and 8912 of 1995 and Nos. 63, 776, 986, 4653, 4654, 4676, 4720, 4728, 4763, 4764, 4765, 4820, 4397, 5016, 5051, 5052, 5078, 6262 and 6845 of 1996
Decided On : 25-09-1996
Susant Kumar Dash, S.B. Jena, B.B.Acharya and J.Sengupta, B.S Tripathy, K.P. Mishra, N.R. Kar, A. Das and N. Sarkar, Milan Kanungo, L. Kanungo, S. Das, P. Pradhan, S. Nanda, L. Mohapatra, D.K. Mishra and S.C. Mohanty, P.N. Mohapatra and S.K. Patnaik, R.K. Mohapatra, U.K. Samal, Sanjib Swain and R.K. Dash, Y. Das, N.C. Mohanty, D.K. Dey and D. Bhanja, Jagabandhu Sahoo, B.K. Mishra, S.K. Mohanty and G.K. Sahu, P.K. Nayak-3, A.K. Mallick, S.N. Biswal, D.K. Mohapatra, M.K. Das and B.P. Das, R.P. Kar, A.N. Ray, N. Paikray, B.P. Mohanty and M.K. Badu, B.K. Sahu, M. Dasburma and S.K. Mishra, Sanjat Das and S.B. Agrawal, Laxmidhar Dash, S.K. Mohanty and S.C. Satpathy, Prabodh Kumar Patnaik and H.K. Agrawalla, S.S. Rao, B.S. Mishra-2, S.C. Kar, G.P. Mishra and M.R. Mishra, S.K. Ghose, B.N. Tripathy, C.R. Nanda and D. Chatterji, S.S. Rao and M.R. Tripathy, N. Behuria, C.R. Patnaik, A.K. Rath and D.K. Das and B.K. Mohanti, B.K. Sahu, M. Dasburma and S.K. Mishra, for the Appellant; R.K. Mohanty, Additional Government Advocate, for the Respondent
1. A classification made on the basis of the status of candidates (direct candidates or in-service candidates) has no nexus with the object of finding out meritorious candidates and is violative of Article 14 of the Constitution. 2. The prohibition against second counseling under Clause 13.1 of the prospectus is applicable only to the authority concerned and not to the court.
Headnote:
MEDICAL EDUCATION - POST GRADUATE ADMISSION - CENTRAL QUOTA SEATS SURRENDERED TO STATE - FILLING UP OF SEATS - VALIDITY OF CLAUSE 5.8 OF PROSPECTUS - PROHIBITION OF SECOND COUNSELLING - ADMISSION OF CANDIDATES AFTER ACADEMIC SESSION - CUT-OFF DATE FOR ENTERTAINING WRIT PETITIONS.
Fact of the Case:
The case pertains to the filling up of 14 Post Graduate (Medical) seats of the All India (Central) quota surrendered by the Government of India to the State Government. The seats were available in the three Government Medical Colleges of the State for the year 1995. A writ petition was filed challenging the constitutional validity of Clause 5.8 of the prospectus, which treated the vacant All India seats as direct general seats for the purpose of selection. The petitioners also sought a direction to fill up the surrendered seats by holding counseling.
Finding of the Court:
The court held that Clause 5.8 of the prospectus, which discriminated against in-service candidates by debarring them from being considered for the surrendered Central quota seats, was violative of the equality clause enshrined under Article 14 of the Constitution. The court also rejected the contention that there could be no second counseling for the surrendered Central quota seats, as the prohibition against second counseling under Clause 13.1 of the prospectus was applicable only to the authority concerned and not to the court.
Issues: 1. Whether Clause 5.8 of the prospectus, which treated the vacant All India seats as direct general seats for the purpose of selection, was violative of the equality clause enshrined under Article 14 of the Constitution? 2. Whether there could be a second counseling for the surrendered Central quota seats, despite the prohibition against second counseling under Clause 13.1 of the prospectus?
Ratio Decidendi: 1. The court held that Clause 5.8 of the prospectus was violative of Article 14 of the Constitution because it discriminated against in-service candidates by debarring them from being considered for the surrendered Central quota seats. The court found no nexus between the classification made on the basis of the status of candidates (direct candidates or in-service candidates) and the object of finding out meritorious candidates. 2. The court held that the prohibition against second counseling under Clause 13.1 of the prospectus was applicable only to the authority concerned and not to the court. The court found that the surrendered Central quota seats had to be kept vacant due to an interim order passed by the Supreme Court, and that the Central Government had surrendered the seats to the State Government to fill them up according to the merit list drawn earlier under the State quota. Therefore, the court held that there was no statutory bar against holding a second counseling for the surrendered Central quota seats.
Final Decision: The court allowed the writ petitions filed by the in-service candidates and directed the State Government to fill up the surrendered Central quota seats by holding counseling. The court also directed the State Government to admit the selected candidates within a fortnight.
JUDGMENT :
R.K. Patra, J. - The controversy in all the aforesaid writ petitions is with regard to filling up of 14 Post Graduate (Medical) seats of the All India (Central) quota (hereinafter referred to as 'the Central quota') surrendered by the Government of India to the State Government. The seats are of the year 1995 and are available in the three Government Medical Colleges of the State.
2. In May, 1995, applications in the prescribed forms were invited for selection of candidates for Post Graduate Courses in the three Government Medical Colleges of the State. The selection was conducted by the P. G. Selection Committee. As per Clause 5,1 of the Prospectus, 184 seats (91 seats for direct candidates and 93 seats for in-service candidates) were available under the "State quota". 25 per cent of the total P. G. se3ts were to be filled up by candidates selected on All India basis which is called "Central quota" as per Clause 5. 2 of the prospectus, Some candidates filed a writ petition (Civil) No. 394 of 1995 in the Supreme Court praying for an appropriate direction to the Government of India to re-allocate suitable vacant seats to then in defferent colleges of the country in order of their merit as per their specialities against the central quota. During the pendency of the writ petition, the Supreme Court by an interim order directed the State Government to keep the seats of the central quota vacant. By the time the ordar was passed all the seats of the central quota of the State were filled up except fourteen. In obedience to the direction of the Supreme Court, those 14 seats were accordingly kept unfilled. On 28-8-1995, the Supreme Court disposed of the writ petition. Following the disposal of the case. Assistant Director General, M. E. in the Directorate General of Health Services Medical Examination Cell, New Delhi in his letter dated 25-10-1995 informed the Director of Medical Education and Training, Orissa, Bhubaneswar (to be referred to as 'D. M. E. T.') that the vacant seats (fourteen seats as already indicated) which were held up in the Medical Colleges of the State "may be treated as surrendered back to State quota". As a sequel to surrender of Central quota seats, all these writ petitions have come to be filed claiming inter alia that they should be made available to the petitioners.
3. For proper disposal of these writ petitions, we have divided them into two groups; one group consists of petitions which were filed on or before 2-5-1996 and the other group comprises petitions filed after 2-5-1995. The date "2-5-1996" is hereinafter referred to as 'the cut-off date'. In the first group, there are fourteen writ petitions and in the second group, there are sixteen writ petitions. In the first group of fourteen petitions the petitioners consist of both in service and direct candidates. The details are as follows :
The petitioner/petitioners in OJC Nos. 4777,5131, 5367, 5507, 6219 and 7281 of 1995 are all in-service candidates. They besides challenging the constitutional validity of Clause 5. 8 of the prospectus have prayed for filling up of the central quota seats proportionally amongst the in-service and direct candidates. The petitioner/petitioners in OJC Nos. 7126 of 1995, 7257 of 1995, 8580 of 1995, 8851 of 1995, 8912 of 1995, 63 of 1996, 776 of 1996 and 986 of 1996 are all direct candidates. They have prayed for a direction to the opp. parties to fill up the surrendered seats by holding counselling. The petitioner--Akash Bihari Pati in OJC No. 776 of 1996 has already taken admission in General Surgery in M. K. C. G. Medical College, Berhampur and has prayed for his transfer to S. C. B. Medical College," Cuttack after counselling. As already indicated, the second group of writ petitions(OJC Nos.4653 4654,4675,4720,4728,4763 4764,4765.4820, 4997, 5016, 5051% 5052, 5078, 6262, 6845 of 1996) have been filed after the cut-off data, The common prayer "of all the petitioners is that they should also be permitted to particip
