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High Court Of Madhya Pradesh
V. R. Newaskar and S. D. Shrivastava, JJ.
ANAND KUMAR JAIN - Appellant
Versus
GOVERNMENT OF MADHYA PRADESH - Respondents
Civil Misc. Petn. 69 Of 1959
Decided On : 02/09/1959
CONSTITUTIONAL LAW - ARTICLE 226 - WRIT OF MANDAMUS - ADMISSION TO MEDICAL COLLEGE - RULES FOR ADMISSION - PREFERENCE TO CANDIDATES - PETITIONER NOT ENTITLED TO PREFERENCE OVER RESPONDENTS - NO VIOLATION OF RULES OR NATURAL JUSTICE - PETITION DISMISSED.
Fact of the Case:
The petitioner, a candidate for admission to a medical college in Madhya Pradesh, was denied admission despite fulfilling the minimum qualifications. He alleged that the authorities had given preference to three other candidates who were less qualified than him, thereby violating the rules for admission and the principles of natural justice.
Finding of the Court:
The court found that the petitioner did not come under any of the rules that provided for preference to candidates. The authorities had the discretion to select candidates for the unfilled seats after exhausting the rules, and there was no violation of any rule or natural justice in their decision to give preference to the three respondents.
Issues: 1. Whether the petitioner was entitled to preference over the respondents for admission to the medical college. 2. Whether the authorities had violated any rules or principles of natural justice in giving preference to the respondents.
Ratio Decidendi: 1. The petitioner did not come under any of the rules that provided for preference to candidates. 2. The authorities had the discretion to select candidates for the unfilled seats after exhausting the rules, and there was no violation of any rule or natural justice in their decision to give preference to the respondents.
Final Decision: The petition was dismissed in limine.
( 1 ) THIS is a petition under Article 226 of the Constitution of India. The petitioner was a candidate for admission to one of the Medical Colleges in the Madhya pradesh for the academic year 1958-59 but admission was refused to him. He now prays that by a writ of mandamus, the authorities concerned be ordered to admit him.
( 2 ) THE petitioner's case is that applications were invited for admission to the medical colleges in the Madhya Pradesh and rules were framed for admission to the M. B. B. Section, first year course for the Session 1958-59 by the Government of Madhya Pradesh. A printed copy of these rules has been filed with the petition. They are styled as "medical Colleges in Madhya Pradesh Rules for Admission 1958" (hereinafter referred to as the Rules ). He fulfilled the minimum qualification having passed the Intermediate Examination in Physics, Chemistry and Biology. The Rules provided for the order of preference in the selection of candidates. According to the petitioner, all those candidates who fulfilled the requirements under Rules 8, 9, 10 and 11 were admitted but the number of seats was larger than the number of candidates so admitted. On the unfilled seats Manohar Singh respondent No. 7, Kumari Mira Mukerji respondent No. 8 and Gyanchand respondent No. 9 were admitted when the petitioner was better qualified than all of these three respondents. With the petition has been filed a tabular statement showing the qualifications and other relevant particulars of the three respondents and the petitioner. The allegation of the petitioner is that justice was not done in rejecting his name and giving preference to the above named respondents.
( 3 ) AS per the aforesaid tabular statement: (a) Anand Kumar, the petitioner, passed his Intermediate Science (Biology) Examination in 1955 in the "pass division" in the first attempt, b. Sc. Examination in 1957 in the third division in the first attempt and the LL. B. (Prev.) Examination in 1958 in the second division in the first attempt. ("pass Division" presumably refers to a case where a candidate appears and passes in a supplementary examination in one or more subjects); (b) Manohar Singh respondent No. 7 passed the Intermediate Science (Biology) Examination in the third division in the second attempt and belongs to a scheduled caste; (c) Kumari Mukerji respondent No. 8 passed the Intermediate Science (Biology) Examination in the year 1957 in the "pass" division in the first attempt; and- (d) Gyanchand respondent No. 9 passed the Intermediate Science (Biology) Examination in the second division in the second attempt.
( 4 ) NOW according to Rules 4 and 7, the minimum qualifications are Intermediate science Examination with Physics, Chemistry and Biology and the minimum age must be seventeen years "on the 1st December of the year of admission. " Then under Rule 8, it is provided that selection of candidates will be made on merits as disclosed by the marks obtained at the Intermediate Science Examination provided that the candidates have passed at least in the second division at the first attempt. Then there is a provision regarding the candidates who obtained a first class.
( 5 ) RULE 8 (a) provides for the preference to be given on the basis of having served in the N. C. C. and on the basis of being in the college team for Hockey, Foot-ball etc. , as between two candidates who acquired equal marks. Rule 9 reserves 15 per cent, seats for women candidates, 15 per cent, for scheduled caste and 3 per cent for wards of bona fide political sufferers provided the candidates passed the intermediate Science Examination in second class. Rule 10 lays down that if the required number of candidates possessing the required number of minimum qualifications as laid down are not forthcoming for the category of reserved seats, the unfilled seats shall be treated as general seats and will be filled under Rule 8. Rule 11 allows relaxation about passing the qualifying exam
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