High Court Of Madhya Pradesh
G. G. SOHANI, K. M. AGARWAL
AWADEESH NEMA - Appellant
Versus
STATE - Respondents
MISC. PETN. 2394 Of 1988
Decided On : 09/13/1988
(2) Education-prescribing ‘General English‘ as one of the subjects for entrance examination in PMT/PET-not arbitrary or unreasonable. AIR 1988 Ori. 190 distinguished. AIR 1986 SC 1877 followed. [Para 4]
(3) Constitution of India-Art. 29 (2)-prescribing English language in entrance test of PMT/PET-not violative. AIR 1986 SC 1877 followed. [Paras 5 & 6]
(4) Education-entrance tests-can be held by university or even by State if there is no prohibition under the law. AIR 1981 SC 487 followed. [para 7]
(5) Constitution of India-Arts. 15 and 29 (2)-candidates of All India quota seeking a demission in medical colleges-is a separate class- not prescribing English test for them is immaterial. AIR 1984 SC 1420 referred to. [Para 9]
(6) Education-competitive test- there should be some difficult questions to test merit of candidates. [Para 10]
(7) Education -competitive test-some questions incorrect-defect remedied-grievance not sustainable. (1986) 4 SLR 745 relied on. [Para 10]
(8) Education-examination-candidate should follow instructions printed on question paper. [Para 12]
(9) Constitution of India-Arts. 15 (4) and 29 (2)-quota for admission of Schedule Caste and Schedule Tribes candidates in professional colleges fixed -Government can vary and modify conditions regarding selection for achieving the purpose. AIR 1981 MP 129 referred to. AIR 1981 SC 2045 and AIR 1988 SC 481 followed. [Para 14]
( 1 ) THE order in this case will also govern the disposal of M. P. Nos. 2559/88, 2528/88, 2535/88, 2569/88, 2578/88, 2644/88, 3013/88, 2799/88, 2781/88, 2950/88, 2968/88, 3011/88, 2976/88, 2938/88, 3027/88, 3028/88, and 3032/88.
( 2 ) THESE are petitions under Art. 226 of the Constitution. The material facts giving rise to these petitions, briefly, are as follows : A competitive entrance examination known as Pre-medical Test (P. M. T.) and Pre-Engineering Test (P. E. T.) for selection of candidates for admission to professional courses in medical science and engineering respectively, was held in May 1988 by respondent 2, the Vyavasayik Pariksha Mandal, M. P. , also known as Professional Examination Board (hereinafter referred to as the Board) constituted by the State Government. The examination was held in accordance with the Rules for entrance test (hereinafter referred to as the Rules) framed by the State Govt. in that behalf. These Rules are not Statutory Rules, but are framed by the State Govt. in exercise of the executive power of the State. One of the subjects prescribed for courses for which admission was sought by the petitioners, was General English. The Rules provide that marks obtained in the subject 'general English' would not be added to the aggregate, but a candidate must secure at least 25% marks in General English to qualify for admission to the aforesaid courses. The petitioners who had appeared for the aforesaid entrance examination, failed to secure 25% marks in the subject 'general English' and hence they were not selected for admission. Aggrieved by their result, the petitioners have filed this petition.
( 3 ) THE first contention advanced on behalf of the petitioners was that by prescribing 'general English' as one of the subjects for the entrance examination, the Board acted arbitrarily and unreasonably. Reliance was placed on the decision reported in Amisha Nagpaul v. State of Orissa, AIR 1988 Orissa 190. In reply, it was contended on behalf of the respondents by the learned Additional Advocate General that a reasonable knowledge of English language was absolutely necessary for prosecuting studies for courses for which admission was sought by the petitioners. Before we proceed to appreciate the contentions advanced by the learned counsel for the parties, in this behalf, it would be useful to note certain facts which are not in dispute. As the number of seats for admission to medical and engineering institutions in the State is limited and a very large number of candidates apply for admission to the courses of study in these institutions, the Board, as directed by the State Govt. , has been conducting a competitive entrance examination for selection of candidates for admission to these courses. In the State of M. P. , though 'english' is one of the subjects prescribed for the High School Certificate Examination by the Board of Secondary Education, English is not one of the compulsory subjects for the Higher Secondary School Certificate Examination (10+2) is in the science group. With the introduction of 10+2 system of education in the State of M. P. from the year 1986, the academic requirement of eligibility for admission to the courses in question is that a candidate should have passed the Higher Secondary School Certificate Examination (10+2), or an examination equivalent thereto as prescribed by the Rules. The question papers for the Higher Secondary School Certificate Examination conducted by the Board of Secondary Education, M. P. , are set both in Hindi and English and candidates have the option to answer questions in any one of the languages, Hindi, English, Urdu or Marathi. These facts are evident from the prospectus for the Higher Secondary School Certificate Examination 1988, published by the Board of Secondary Education M. P. , which was produced before us. It would be thus clear that in the State of M. P. , a student who has passed the HigherSecondary School Certifica
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