Gupta, J. - (1.) THE Judgment of the court was delivered by
(2.) THE selection of candidates admitted to the government Medical College, Jammu, for the academic year 1979-80 is challenged in these petitions under Article 32 of the Constitution by some of the candidates who were not selected. By notification published in the Jammu and Kashmir Government Gazette on 21/06/1979 applications were invited for admission to the M. B. B. S. course in the aforesaid college. Only those candidates who had passed the Pre-Medical or Inter-Science or First Year T. D. C. (Medical Group) examination from the University of Jammu or any other equivalent examination and had secured not less than 50 per cent marks in science subjects in aggregate (theory and practical) were eligible to apply for admission; however, for scheduled castes, scheduled tribes, Bakarwal and Gujjar candidates and candidates from Ladakh district and 'bad pockets' the qualifying marks was 45 per cent. Candidates who had been selected or nominated by the government of Jammu and Kashmir or had been already selected by a selection committee constituted by the government for any training course in or outside the State were not eligible to apply or to appear for interview for admission to this college. THE notification added: "Comparative merit of the candidates will be adjudged with respect to physical fitness, aptitude, personality, general knowledge and general intelligence in the interview, for which marks will be awarded according to the performance of the candidates". It was further provided that the selection would be made in accordance with the manner and procedure laid down in the various orders issued by the government from time to time. THE total number of seats filled by selection in this college for the year 1979-80 was 52. THE candidates numbered 526, out of which 473 actually appeared for interview. In addition 10 seats were filled by candidates nominated by the government. It appears from the supplementary affidavit filed on behalf of the State of Jammu and Kashmir that the nominations had to be made only from two sources: wards of non-resident Defence personnel, and students from other States. . Before we proceed to consider the grounds on which the selection is challenged, it will be necessary to refer to the contents of the orders issued by the government of Jammu and Kashmir to regulate the selection. The earliest order which is relevant in this context was made on 9/07/1973. This concerns admission to technical institutions which include medical colleges. The order starts by saying that "the man power requirements of various parts of the State have not received uniform and equal treatment with the result that there has been imbalance in the development of human resources in these parts'', and "since the admissions to technical institutions also lead to the development of human resources", it had therefore "become necessary to provide equal opportunities to the permanent resident candidates of all parts of the State and all S. of society". The order then lays down the following rules for admission until further orders, it is said, with the aforesaid object in view : 98 (1) 50 per cent of the seats "should be straightway earmarked for being filled upon the basis of open merit in accordance with the criteria to be adopted by the concerned selection committee constituted by the government in this behalf". (2) of the remaining seats, 25 per cent is reserved -for candidates falling under the categories specified below to the extent indicated against each, to be filled on the basis of merit in each category: JUDGEMENT_95_4_1980Html1.htm It is further provided in the order that after selection as indicated in clauses (1) and (2) above had been made, the remaining 25 per cent of the seats "should be filled on the basis of inter se merit to ensure rectification of imbalance in the admissions for various parts of the State, if any, so as to give equitable and uniform treatment to those parts". It is added that in case there is no "visible imbalance" or where no candidates are available under a particular category mentioned in clause (2) above the seats earmarked under these two heads "shall be added to the percentage under clause (1) above". The selection committee while making selections is required by the order to indicate separately the category under which a candidate falls. There is an Annx. to the order containing instructions concerning the "identification of the persons claiming benefit" under clause (2) of the order and the "procedure connected therewith". The instructions define the different categories mentioned in clause (2). For the present purpose it will be necessary to refer to the definitions of "Areas adjoining actual line of control", "Bad pockets", and "Social castes" : Areas adjoining actual line of control.-Candidates permanently residing in any village of the State specified in Appendix I to these instructions. Bad packets.-Candidates permanently residing in any village of the State specified in Appendix II to these instructions. Social castes.-Candidates of the State belonging to any of the castes indicated in Appendix III to these instructions. The instructions also provide for the issue of a certificate by the concerned authority staling that a candidate falls under any of the categories. . On 27/06/1974 another order was issued refixing the percentage of seats reserved for the different categories "with a view to affording more accommodation for open merit". The following changes were made to the earlier order; (1) Instead of 50 per cent, 60 per cent of the seats is now earmarked for admission on the basis of "open merit". (2) Instead of 25 per cent, 20 per cent is earmarked for admission under the categories mentioned in clause (2) of the order dated 99 9/07/1973. The percentage of seats allotted for children of freedom fighters is reduced from 7 per cent to 2 per cent. Under the category "socially and educationally backward classes'' the earlier order had reserved 3 per cent of the seats for candidates belonging to areas known as bad pockets including Ladakh, by this order Ladakh is excluded from that category reducing the percentage of seats from 3 per cent to 1 per cent. and a separate category has been made for candidates from the Ladakh district allotting 2 per cent of the seats to them. (3) whereas in the earlier order 25 per cent of the seats was earmarked to ensure rectification of imbalance, here the figure is reduced to 20 per cent.
(3.) . About two years later, on 21/04/1976 another order was issued reducing the existing reservation of 20 per cent for meeting regional im- balance to 18 per cent and allotting "the resultant 2% vacancies" for candidates "possessing outstanding proficiency in sports". . It necessary to refer to two more orders. An order made on 16/04/1976 provides that 10 seats at the Government Medical College, Jammu, shall be earmarked for girl students "subject to enough girl students being found otherwise suitable". The order also lays down the procedure to be followed by the selection committee in selecting candidates for admission to technical training courses. By this order, comparative performance of the candidates at an interview to be conducted for the purpose by the selection committee is made the only basis of selection. The older adds that the marks obtained by a candidate in the qualifying university examination shall be taken into consideration only to determine the initial eligibility to compete for selection. This order was modified by a subsequent order issued on 3/04/1978. Instead of the marks obtained by a candidate in the qualifying university examination being treated as relevant only to determine eligibility, the subsequent order provides : There will be 100 marks for academic merit which shall be allotted to each candidate in accordance with the percentage of marks secured by him/her in the basic qualifying examination or its equivalent. This order further provides that 50 marks will be allotted for interview, 10 marks for each of the five factors : physical fitness, personality, aptitude, general knowledge and general intelligence.;