SUKHVINDER KAUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been filed by Sukhvinder Kaur against an order refusing her admission in the Medical College.

(2.) The petitioner passed her Matriculation Examination, from the Government Higher Secondary School, Sundernagar, which caters fbr the needs of various people residing in the town of Sundernagar and for the needs of neighbouring villages. The petitioner wanted to join the Medical College after doing her pre- Medical in the year 1969 but at that time she could not compete in order of merit in her own group. At that time, according to the terms of the prospectus cf the Medical College, B. Sc. students were given preference and this practice continued till the Session of 1970-71. Therefore, the petitioner did her B. Sc. securing 60.16 per cent marks in her compulsory subjects.

(3.) For the Session 1971-72 the respondents issued a prospectus inviting applications for admission to the M. B. B. S. Course. The petitioner also applied. But the prospectus for the said year was drastically amended by the respondents and many reservations had been made in various provisions of paragraph 1, Part A of the aforesaid prospectus. She was not selected although she had obtained above 60 per cent. marks in her B. Sc. Examination and the respondents 4 to 48 who had qualified F. Sc. or pre-Medical examination had been given admission without taking into consideration the higher qualifications of the petitioner. Even many people who had secured less than the qualifying marks were selected, which was absolutely in contravention of the provisions of the rules. The petitioner, therefore, challenged the vires of the rules. According to her the rules were in contravention of Articles 14 and 15 of the Constitution, inasmuch as the main object of the rules is to find the best talent available for admission to the M. B. B. S. Course. The various reservations made under the prospectus do not purport to achieve that object. Further, it is said, the qualifications made under various groups in paragraph 2 also do not have a reasonable nexus between the object sought to be achieved nor are saved by the saving clauses of Articles 14 and 15 of the Constitution. In any case the reservations made exceed 50 per cent. of the total seats available inasmuch as only 23 seats out of 63 seats have been kept for open competition.