RAHUL VERMA Vs. HIMACHAL PRADESH UNIVERSITY

JUDGEMENT

(1.) THE Himachal Pra desh Medical College, Simla (referred to as the college), provides a course of study for M. B. B. S. degree of the Himachal Pradesh University (referred to as the University). The prospectus of the College issued for 1982 83 for 'under graduate (M. B. B. S.) course mentions in detail the method of admission. A total of 65 seats are available. These are divided into two groups. Under group 'A' fall the reserved seats which are 34 in number. Three seats are reserved for candidates whom the Chief Minister may nominate at his discretion. One seal is reserved for "children of Defence personnel posted in H. P." Group 'B' relates to unreserved seats which are 31 in number. Though the minimum qualifications of eligibility are laid down, admissions are made on the basis of a competitive examination, known as the "Pre Medical Test" (P. M. T.) conducted by the University. The examination is based on written papers in the subjects of Physics, Chemistry (including Organic Chemistry) and Biology. There is one written paper in each subject. The question papers are to be "objective (MCQ) type". The medium of examination is English. The examination was held on 25th, 26th and 27th, July, 1982. The result was declared on 10th Aug., 1982. The Chief Minister nominated three candidates. A number of writ petitions have been filed by the unsuccessful candidates claiming admission to the college. We are deciding all the petitions by this judgment. Before we deal with the case of each petitioner individually, we will like to dispose of the common questions raised by the petitioners.

(2.) THE reservation of three seats for the nominees of the Chief Minister as well as the nominations made by the Chief Minister are assailed on various grounds. It may be noticed that when Civil Writ Petition No. 201 of 1982 (Rahul Verma v. H. P. University) was filed the Chief Minister had not nominated anyone. The Stale filed the return before these nominations. However, during the pendency of the writ petitions nominations were made. The writ petition was amended challenging the nominations. The State filed an amended return. We will presently refer to them in detail. We will first refer to the nominations.

(3.) AS many as 98 candidates applied to the Chief Minister for being nominated, Since the prospectus is silent about the qualifications which a candidate must possess for being nominated, the applications, which have been placed before us, show that every candidate has given such information which he thought would weigh with the Chief Minister. Some of the applications have been recommended by various persons. Personal letters have also been written to the Chief Minister by persons who seem to know him. We will now refer to the applications made by the three candidates who have been nominated by the Chief Minister.