K. B. ASTHANA, J. - (1.) THE petitioner, Pradeep Tandon, is a graduate in Science of the Allahabad University. He appeared at the Combined Pre-medical Test held by the Meerut University in 1973 as directed by the U. P. Government, for admission to one of the seven Medical Colleges controlled by it. He was not selected for admission. By this petition under Article 226 of the Constitution of India he has questioned the validity of the reservation of seats made by the U. P. Government for certain classes and groups of candidates which reservation, according to the petitioner, deprived him of being admitted for M.B.B.S. or B.D.S. courses in the State Controlled Medical Colleges though he had secured higher marks and position in the test than many of the candidates who were admitted for the reason that they fell in one or the other group or class for whom the seats were reserved or special privileges were afforded.
(2.) THE petitioner prays for a writ or direction directing the respondents, i.e., the State of Uttar Pradesh, Director of Medical and Health Services, Uttar Pradesh, the Committee for Admission to Medical Colleges in Uttar Pradesh, the Meerut University, Meerut, etc., to bring up the record of the Combined Pre-Medical Test, 1973, and of a Special Pre-Medical Test held in June 1973 at Varanasi and to quash the admission of those candidates who secured lesser marks in the Combined Pre-Medical Test, 1973 and those admitted on the result of the Special Pre-Medical Test held at Varanasi, and to adjust the admissions to the seven State-controlled Colleges in Uttar Pradesh strictly in order of merit. A writ, order or direction for mandamus is also prayed for commanding the respondents to forthwith admit the petitioner to one of the seven State-controlled Medical Colleges in Uttar Pradesh as a student of the First Year M.B.B.S. Course. It was alleged by the petitioner that he was among the general candidates who competed on merits alone. Amongst them the last candidate to be admitted to one of the State-controlled Medical Colleges on the basis of the said test secured 271 marks, i.e., only six more marks than those obtained by the petitioner and about one hundred candidates were placed on the waiting list. The minimum marks obtained by such candidates on the waiting list were 266. He further alleged that certain candidates who claim to belong to the favoured class or groups, or, for whom seats were reserved, have been admitted to the Statecontrolled Medical Colleges although the number of marks obtained by them were as less as 128 and certain others belonging to the same favoured class had been placed in the waiting list although the number of marks obtained by them were as less as 103. Besides this it was alleged that apart from the Combined Pre-Medical Test 1973 a Special Pre-Medical Test was held in June 1973 at Queens College, Varanasi, under the supervision of the Medical College, Gorakhpur, on the result of which some one hundred and ten candidates who appeared at that test have been admitted to the G. S. V. M. Medical College, Kanpur, M. L. Medical College, Jhansi and B. R. D. Medical College, Gorakhpur, This Special Test was held separately and the standards were far lower and wholly different from the standards at the Combined Pre-Medical Test, no minimum qualifying marks having been prescribed for the said examination. It was pleaded that on an analysis of the reservation it appeared that out of total number of 782 seats only 393 seats were left unreserved and if 110 special favoured candidates had not been admitted on the result of the Special Test held at Varanasi, the total number of seats available would have been 892 seats. It was further pleaded that out of the reserved seats 156 had been reserved for girl candidates, 117 for rural scheduled castes candidates, 92 for rural area candidates, 25 for candidates from hill area, 25 for candidates from Uttarkhand, 55 for scheduled castes candidates, 9 for Scheduled Tribes candidates, two for children of Political Sufferers, one for children of Army Personnel and 26 seats were reserved for nominees of the Central Government. According to the petitioner these reservations of seats was unconstitutional, offending Articles 14, 15 and 29 of the Constitution which guaranteed equality before the law and equal opportunity to the citizens of India except so far as reservation for the girl candidates, the Scheduled Caste candidates and Scheduled Tribe candidates were concerned. The plea was if the illegal reservation of seats had not been made the petitioner would have been admitted to any one of the State-controlled Medical Colleges on the basis of his merit as disclosed by the result of the Combined Pre-Medical Test. The challenge raised was that the State of Uttar Pradesh could not make the reservation forthwith to the detriment of the petitioner as none of the candidates for whom the impugned reservations were made belonged to the socially and educationally backward class. The further plea set up was that the respondents have been operating this discriminatory and arbitrary scheme for the admission to the State-controlled Medical College hereinafter and in spite of corrective directions by the High Court in Dilip Kumar v. Govt. of Uttar Pradesh (AIR 1973 All 592). The illegalities and defect of the Scheme in the admission continued in the Combined Pre-Medical Test held in June 1973 also. This was in substance the case of the petitioner.
(3.) THE stand taken on behalf of the respondents, as appears from the two counter-affidavits, was that in the State of Uttar Pradesh there were six State Medical Colleges situate at Allahabad, Kanpur, Meerut, Agra, Jhansi and Gorakhpur, and in addition to the aforesaid State-controlled Medical Colleges, there was King George Medical College, Lucknow, which is managed and controlled by the Lucknow University. In the year 1973 it was decided to hold the Combined Pre-Medical Test for selecting students for admission to the M.B.B.S. course to the seven State-controlled Medical Colleges and also to the course of B.D.S. of the King George Medical College, Lucknow, and the Meerut University was asked to conduct the Combined Pre-Medical Test vide order of the Government dated 28-2-1973. The Meerut University took necessary steps in accordance with the instructions contained in the aforesaid Government order for holding the Combined Pre-Medical Test of 1973. Applications were invited by the Meerut University for the said test on a prescribed application form which contained detailed conditions and instructions for 782 seats for M.B.B.S. and 30 seats for B.D.S. The general seats were more than 50%. As a result of the test a merit list of all the candidates was prepared categorywise and the list contained the names of the 782 successful candidates for M.B. B.S. seats and 30 candidates for the B.D.S. in accordance with the marks obtained by them in the test. A waiting list was also prepared categorywise. These lists were sent to the Government for scrutiny by a Special Committee appointed in this behalf and thereafter the result was published. It was stated that the petitioner though academically qualified to appear at the test of 1973 could not achieve the merit required to entitle him for admission to M.B.B.S. course for which he applied in the application form prescribed by the Meerut University for the Combined Pre-Medical Test of 1973. It was emphasized that the petitioner filled the application form and signed it and agreed to abide by the conditions of the test contained in the form and the instructions enclosed. It was denied that in making the reservations of seats for certain classes or grounds any constitutional or any fundamental rights of the petitioner were violated. It was pleaded that the State Government considered rural area, hill area and Uttarkhand areas of the State as economically undeveloped and also considered these areas backward socially and educationally. In the supplementary counter-affidavit this plea was further elaborated and it was stated that rural areas, hill areas other than Uttarkhand and Uttarkhand areas were areas where there was lack of educational facility and people living in these areas were either illiterate or had a modest education; their economic conditions were highly unsatisfactory and their income was very low. There was acute poverty in those areas. There was also lack and in some cases total absence of communication and transport in these areas. It was a historical fact that those areas had been neglected from olden times and as such they lagged behind and the march of civilization as is well known and understood in reference to urban areas has been slow to reach these areas because of such factors. The candidates from those areas on account of various difficulties and handicaps could not generally compete on parallel or equal footing with the candidates who receive education in urban areas where educational facilities were easily available. The people who follow the medical profession are averse to settle down in rural areas, hill areas and far off Uttarkhand Division which are remote hilly areas. There being lack of living comforts in these areas as compared to conditions in urban areas, a large number of dispensaries in those areas remain without doctors. The reservations as such made were to provide medical service to be rendered to the people of those areas.;