Decided on November 25,1969



- (1.) THE petitioner has passed the Intermediate Examination (New Pattern) held by the Board of Secondary Education of Madhya Pradesh In the year 1969. He had offered for the examination the subjects of the science group, namely, physics, chemistry and biology. He was placed in the first division and he obtained 65. 8 per cent of marks in the aggregate in science group subjects. He applied for admission to one of the medical colleges of this State. He was not, however, selected though candidates who had passed the B. Sc. (Part I) university examination with Subjects of the science group and secured in those subjects a lesser percentage of marks in the aggregate were selected by the committee appointed for the purpose. He had challenged the selection made mainly on the ground that it offends Article 14 of the Constitution because likes were not treated alike. He has accordingly prayed for a writ in the nature of mandamus requiring that he should be treated at par with the candidates who had qualified by passing the B. Sc. (Part I) university examination, that his name should be included by the Selection Committee in a supplementary list of selected candidates and that he should then be admitted to one of the medical colleges.
(2.) RAMESH Chandra Sharma too has filed Miscellaneous Petition No. 470 of 1969 claiming on like grounds similar reliefs. This order shall govern both the petitions,
(3.) THE relevant facts, so far as they are necessary for disposal of these two petitions, may be shortly stated. There are six medical colleges in this State, all of which are controlled by the State Government. For admission to these colleges, the State Government has framed rules called "rules-for Admission to Medical colleges, 1969". Annexure A is a copy of those rules. Rules 9 and 14, which are material, read as follows: "9. (1) A candidate for admission should have passed- (a) B. Sc. Part I (TDC) Examination of the recognised universities of the State or any examination of any other university or Board recognised as ' equivalent thereto with at least 45% of the total marks at the qualifying examination. (b) with Physics, Chemistry arid Biology (Zoology and Botany)with practical tests, in each, provided candidates have passed in each of these subjects in theory and practical separately and undergone a course of practical in a College or School. Note,-- Medium of instruction in the Medical College shall be English. A candidate seeking admission must have proficiency in English language and he shall be deemed to have acquired proficiency in that language, if he has passed in English as one of the subjects offered at the Higher secondary School Certificate Examination, or equivalent or higher examination. (2) In the case of candidates belonging to Scheduled Castes or scheduled Tribes, the requirements of obtaining 45% of the total marks at the qualifying examination may be relaxed by 10% only (minimum marks 35% ). " "14. Selection of candidates from amongst those, who have applied for admission, will be made on merit as disclosed by the percentage of marks actually obtained by a candidate in the Science subjects only in b. Sc. Part I (TDC) or its equivalent examination. For each extra attempt in the qualifying examination counted on the basis of failure or absence in the qualifying examination, 1% marks shall be deducted from the total marks obtained in the science Subjects in the qualifying examination. A candidate who has also passed B. Sc. Final examination (Biology Group) in the first attempt, securing at least find division, will be given a weightage of 2% in the total marks obtained by him in the Science subjects in the qualifying examination. ";

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