RIAS AHMAD SHAH Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-1986-5-4
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 16,1986

RIAS AHMAD SHAH Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

- (1.) As usual, admissions to the Medical Colleges Srinagar and Jammu for the Session 1985-86 is challenged in this writ petition. Petitioner was one of the candidates who had appeared in the written examination and the viva voce test for being selected to the M.B.B.S. course in the Medical Colleges of the State, but he was not selected. Therefore, he files this petition challenging the selection of respondents 8 to 12 and seeking a command in respect of his own selection to the said course.
(2.) It appears that an advertisement notice was issued on 26-6-1985 for admission to the M.B.B.S. course in the Govt. Medical Colleges Srinagar and Jammu for the academic year 1985-86. The eligibility for selection was that a candidate must have passed Higher Secondary Part II/TDC, Part I of the J. and K. Board of School Education in the concerned subjects and candidates with 50% marks would be eligible to apply for consideration and selection would be made on the basis of written entrance test and viva voce test which were to be held on different dates. Written test would carry 85 points and viva voce 15 points. The points allocated to viva voce were sub-divided and aptitude would carry 8 points, General Knowledge and General Intelligence would carry 7 points. From open category 50% seats would be filled up and from reserve category 50% seats would be filled up which would mean that the seats were to be distributed equally between open merit category and reserve category. Petitioner is said to have secured 439 marks in the qualifying examination and on the basis of marks obtained in the qualifying examination he is said to have applied for being selected to M.B.B.S. course. Petitioner appeared in the test and in the viva voce also, but he could not be selected. Petitioner challenges the selection of other candidates and his own not selection on many grounds. These grounds can be summarised as under : (i) The objective test which carries 550 marks in four subjects i.e. Physics, Chemistry, Biology and English is not a satisfactory test of assessing the merit of a candidate; (ii) The marks obtained by a candidate at qualifying examination could not be ignored and they were to be given due weightage. This has rendered the test arbitrary; (iii) The method of interview also was unsatisfactory and it was not the real test for assessing the merit; (iv) That the reservation of 50% on the basis of 1971 Census reports is bad and violative of Art.14 of the Constitution of India and We reservation is made arbitrarily, there being no proper and effective machinery to identity the persons belonging to the said categories and this gives arbitrary power to respondent No. 1 to make the selections; (v) That Cl. 12 of the Advertisement Notice is challenged as being arbitrary; (vi) The selection committee is said not to be duly constituted. (vii) The old method of allocation of marks was better because it provided 80 marks for qualifying examination, 90 marks for objective test and 30 marks for viva voce. This method was arbitrarily changed and qualifying marks were altogether ignored which has affected the petitioner's rights because he had secured 80% marks in the TDC Part I. (viii) Selection was unfair and selection made on the basis of reservation for Actual Line of Control is said to be bad because entire State of J.and K. is a Border State. (ix) There are some allegations against the members of the Selection committee as also inclusion of one Moh'd Amin Additional Secretary, General Department (Trainings) with the selection process, which is said to be mala fide.
(3.) Selection of respondents 8 to 12 is challenged on so many grounds which are enumerated in various paras of the writ petition. Allegation of favouritism and nepotism is made in respect of selected candidates.;


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