M.P.Singh, J. - (1.) THE human nature is really very mischievous. It always tries to unsettle a settled thing. Nothing surprising. THE domain of law is no exception. Even the law laid down by the Supreme Court in the case Chairman/ Director, Combined Entrance Examination v. Osiris Das, (1992) 3 SCC 348, is sot acceptable to the petitioners. THE Apex Court has held that in the matter relating to admission In educational institutions, reservation of seats for the sons and daughters of the employees of the institution is violative, of Article 14 of the Constitution. THE dependants of the employees cannot claim any legal right of such reservation. THEy do not constitute a separate class. Are they justified In canvassing before this Court to take a contrary view ? No. This court Is bound to follow the said pronouncement which Is absolutely clear and reasonable.
(2.) PETITIONERS are sons and daughters of teachers of Banaras Hindu University. It it a body corporate and is governed by the provisions of Banaras Hindu University Act, 1915, Statutes and Ordinances framed thereunder. They are claiming a separate quota for the admission in the Institute of Medical Sciences of the University. There are 50 seats for M.BB.S. course. Over 27000 students appeared In the Entrance test. Apart from these 50 seats there are 5 seats under supernumerary quota for bonafide students of Banaras Hindu University and 4 seats for Foreign National to be filled up on the nomination of the Government of India. This case is not concerned with these reservations. The University had issued Information Booklet for Pre-Medical Test (PMT)/Pharmacy admission Test (PAT)-1993 Clause 6.1. of the same runs as follows : "6.1 For Admission to Ist Year M.B.B.S. Course : Fifty (50) seats are available for admission to the M.B.B.S. Course of the Institute. Out of above seats 15% shall be reserved for Scheduled Castes and 7 1/2% for Scheduled Tribes candidates who fulfil the minimum requirement and qualify in the Pre-Medical Test. 6.1.1 Out of the above, a minimum of five girl candidates shall be admitted in order of merit. Provided that nothing in this clause shall bar the admission of more than five girl candidates in case more than five are selected on merit in the open competition. 6.1.2 A quota of 5 supernumerary seats Is reserved for the bonafide students of Degree Course of the Banaras Hindu University (as per Appendix-1 page no. 16) who qualify in the P.M.T. 6.1.3. An additional quota of four supernumerary seats is also available for foreign nationals."
(3.) THE selection procedure prescribed therein provide that the candidates will be selected in order of merit on the basis of the aggregate marks secured at the test. THE minimum qualifying marks will be 50% for the general category (including B.H.U. supernumerary quota) and 40% for Schedule caste/Scheduled Tribes candidates. The result of the competitive test, held on 4-6-1993. on All India basis, was declared on 16-7-1993. The meeting of the Admission Committee was held and the process of admission was closed on 6th September, 1993. In the Institute of Medical Sciences, the teaching facility is only for 60 students, of course the number can be increased under the directions of Medical Council of India.;