Pandey, J. - (1.)This in a petition under Arts, 226 and 227 of the Constitution for a writ of mandamus or any other suitable writ or order directing the State Government (respondent 1) and the Principal, Medical College, Indore (respondent 2), to admit the petitioner to one of the Medical Colleges in the State.
(2.)In this State, there are four Government Medical Colleges providing for admission of 330 candidates in the 1st year class. In the current year, the State Government constituted a Selection Committee of the Principals of the four colleges with the Principal, Medical College, Indore as Chairman, to recommend the names of candidates for admission to the Medical Colleges in accordance with "Medical Collages in Madhya Pradesh Rules for Admission, 1960". These Rules provide inter alia as follows:
"8. Selection of candidates from amongst those who have applied for admission, will be made on merit as disclosed by the marks obtained at the Inter Science Examination provided that candidates have passed their Inter Science Examination securing at least 45 per cent marks as prescribed by the Indian Medical Council. Candidates who have passed the First Year of the Three Year B.Sc. Degree Course (Medical Group), should also have obtained a minimum of 45 per cent marks, to be eligible for admission. In the case of candidates who have passed their B. Sc. Examination in the first or second division, the requirement of securing 45 per cent marks in the qualifying examination of I. Sc. (Medical Group), may be relaxed.'' "9. As between two Candidates, who have secured equal marks, preference will be given to that candidate who, while in College and before passing the Inter Science Examination, served for a whole academic year in the N. C. C. provided the student mentions full particulars of the period of such Service in his application and produces certificates in support of the same, from the head of the organisation along with his application for admission. If the period of service rendered in the above organisation is not clearly mentioned, no credit will be given. Credit will also be given for being in the College team for Hockey, Football, Volley-ball, Cricket, Tennis, Badminton, Swimming or Hu-tutu, taking part in the University Inter College Tournaments, during the student's College career before passing the I. Sc. Examination." "10. 15 per cent seats will be reserved for woman Candidates and 3 per cent for sons and dauters of bona fide political sufferers, provided that the candidates concerned have obtained at least 45 per Cent marks in the Inter Science Examination. Additional qualifications as mentioned in clause 9 will be taken into consideration while making selection from among the candidates for reserved seats of each category. Note.-- The term 'political sufferer' shall be in terpreted in the light of the Madhya Pradesh Freedom Fighters Pension Rules, 1959." "11. 15 per cent seats will also be reserved each for Scheduled Caste and Scheduled Tribe Candidates in whose case, the requirement of minimum 45 per cent marks will be relaxed as per recommendations of the Indian Medical Council, provided they have passed their Inter Science Examination in Medical Group."

"12. If the required number of candidates, possessing the minimum qualifications as laid down above are not forthcoming for any category of reserved seats, the unfilled seats shall be treated as general and shall be open to all candidates satisfying the requisite standard as in clause 8." "17. Government reserve to themselves the right to admit any student to any of the Medical Colleges in relaxation of the Rules in special circumstances."
There were 1637 candidates, including the petitioner and the respondents 3 and
4, who sought admission, to the four Medical Colleges. The Selection Committee recommended the names of 318 candidates for as many seats and the State Government finally selected 330 candidates to fill up all the seats. The petitioner, who passed his Inter Science Examinational the second division in his second attempt and secured 48.2, per cent marks (52,33 per Cent in the Medical Group) was not selected. On the other hand, the respondent 3, who passed the same examination in the third division in his third attempt securing 44 per Cent marks, and the respondent 4, who too passed that examination in the second division in his third attempt securing 46 per cent marks, were admitted.

(3.)The petitioner stated that while Rule 8 inhibited selection of candidates who had not secured at least 45 per cent marks in the Inter Science Examination, it required 'merit as disclosed by the marks obtained at the Inter Science Examination' to be the basis of selection from amongst other candidates. By selecting the respondents 3 and 4 in disregard of Rule 8, the respondents 1 and 2 infringed the right of the petitioner to secure admission and also discriminated against him. There are no special circumstances in favour of the respondents 3 and 4 and their admission in pursuance of Rule 17 is not justified. That Rule is void in that it enabled the State Government to exercise an arbitrary and uncontrolled power to admit any candidate without regard to his qualifications. Similarly, Rule 10 is also void because it provides for reservation in favour of women candidates and sons and daughters of bona fide political sufferers.