PATHAK - (1.) ON 10/05/1985 we delivered an order in these cases disposing of the writ petitions and special leave petition. We stated that the reasons for the order would be pronounced later. The hearing of the cases had been completed only a few days before the commencement of the Long Vacation and as counsel for the parties desired that we deliver the order before the Court closed we did so. We now set forth the reasons.
(2.) THE large group of writ petitions and special leave petition before us fall into two groups. A number of them challenge the selection of candidates for admission to the first year course of the M.B.B.S. Degree and the B.D.S. Degree in the Government Medical Colleges at Srinagar and Jammu for the session 1984-85. THEy also challenge the nominations of students from Jammu and Kashmir by the State Government to Medical Colleges outside that State. THE other group of cases challenges the validity of the Select List for admission to the B.E. First Year course of studies at the Regional Engineering College, Srinagar and also assail the validity of nominations made by the State Government to Engineering Colleges outside the State. Medical Group On 10/06/1984 the Government of Jammu and Kashmir published an advertisement inviting applications from permanent residents of the State for admission to the First Year M.B.B.S. Course in the Medical Colleges of the State for the session 1984-85. To be eligible, candidates should have passed one of the qualifying examinations mentioned therein and should have studied in the recognised educational institutions in the State. Fifty per cent of the total admissions were to be effected on the basis of open merit while the remaining fifty per cent were to be selected on the basis of their merit from certain reserved categories, including Scheduled Castes, Socially and Educationally Backward classes comprising weak and under-privileged classes (Gujjar and Bakarwal and other social castes), as well as residents of backward areas. Eligible candidates were to appear in a written entrance test and a viva voce test. The backward areas consisted of the areas enumerated in Annexure I to S. R. O. 272 dated 3/07/1982 issued by the State Government and prepared on the basis of the Wazir Committee Report and the Anand Committee Report as well as the Census Reports of 1971. To those villages were added a number of others by Notification No. S. R. O. 335 dated 14/06/1983 and S. R. O. 412 dated 27/08/1984. Candidates claiming consideration under the backward areas category were required to enclose a certificate by the Tahsildar in support of their claim to that benefit. Thereafter the State Government issued S. R. O. 380 dated 7/07/1983 modifying the Notification S. R. O. 272 dated 3/07/1992, and promulgating the Jammu and Kashmir Government Medical Colleges (Selection of Candidates for Admission to the First Year M. B. B., S. Course) Procedure Order, 1983. Thereby the written test was to carry 85 points and the viva voce test was to carry 15 points, making a total of 100 points. The points earmarked for the viva voce test were further sub-divided into (a) Aptitude, carrying 8 points and (b) General Knowledge and General Intelligence, carrying 7 points. On 9/08/1984 the State Government sanctioned the constitution of an Admission Selection Committee for the selection of candidates for admission to the two Medical Colleges of the State for the session 1984-85. The Chairman of the Public Service Commission was appointed Chairman of the Admission Selection Committee, and the Principal, Government. Medical College, Srinagar and the Principal, Government Medical College, Jammu were to be its two Members. The Committee was empowered to arrange and conduct the written test and to evolve its own procedure for the appointment of Examiners, the setting of papers and the conduct of the Examination. The Selection Committee decided that the Principals of the two Medical Colleges, who were Members of the Committee, would set the question papers and the answer books would be evaluated by a list of Examiners drawn up by the Committee. The viva voce Examination was to be conducted by a procedure which envisaged the preparation of question cards on each subject, the question cards would be kept in the interview room during the interview and individual candidates would be asked to draw the question cards of their choice, each candidate being required to pick up one card from each group and after reading the question the candidate was to give his oral answer. The Committee would assess the performance of each candidate and allot points in accordance with the provisions of S. R. O. 380 dated 7/07/1983. The entire proceeding during the interviews was to be recorded by tape recorders.
(3.) THE written tests were held at Srinagar and Jammu on September 12 and. 13, 1983, and the answer scripts were evaluated from 1/10/1984 to Octo 13/10/1984. THE viva voce test was conducted at Srinagar from 8/10/1984 to Octo 17/10/1984 and at Jammu from 19/11/1984 to Nov 24/11/1984. Before the interviews comprising the viva voce test were commenced the Admission Selection Committee decided on 8/10/1984 that the 15 points allocated to the viva voce test should be further sub-divided as follows : JUDGEMENT_225_SUPP1_1986Html1.htm Earlier the State Government had published an advertisement dated 19/09/1984 inviting applications from residents of the State for training in the B. D. S. Course in various Dental Colleges of different States for the session 1984-85, and on 21/09/1984 the State Government wrote to the Admission Selection Committee that while holding interviews of candidates for admission to the M.B.B.S. Course it should give an option to the candidates to choose whether they would like to be considered for training in B. D. S. Course during the current session, and that accordingly such candidates should be interviewed in accordance with the provisions of Notification S. R. O. 380 dated 7/07/1983. Nine candidates were to be selected for that Course. On 19/01/1985 the State Government published a list of candidates selected for admission to the first Year M.B.B.S. Course in the two Government Medical Colleges of the State and to the First Year B. D. S. Course in the Government Medical College, Srinagar for the session 1984-85. For the First Year M.B.B.S. Course 76 candidates were selected on the basis of open merit and 74 candidates were selected from the reserved categories, making 150 candidates in all. Nine candidates were selected for admission to the First Year B.D.S. Course.;