Decided on March 25,1976

Sri Ranjan Kumar Saha Appellant
Principal, Medical College, Calcutta And Others Respondents

Referred Judgements :-



Sabyasachi Mukharji, J. - (1.)THE petitioner in this application challenges the order or notice dated 1st of April, 1975, as well as the show cause notice issued prior thereto on 25th March, 1974. The case of the petitioner is that he belongs to the Suri Community of Scheduled Caste and, according to him, the said Community is recognised by the Government of West Bengal as a Scheduled Caste Community. The petitioner passed his Higher Secondary Examination from Belagachia Monohar Academy School, Calcutta, in the year 1973. Thereafter he applied for admission to the pre -medical Course in the Medical College of West Bengal on February 23, 1973. The petitioner was asked by the Selection Board to appear in the Joint Entrance Examination and he did appear in the said examination on May 9, 1973. On the 16th August, 1973, the result of the Joint Entrance examination was published and the petitioner got the required marks. On the 3rd November, 1973, the petitioner applied for admission to the pre -medical course and the petitioner was further required to deposit along with this application form the residential certificate, school leaving certificate by the Headmaster of the School and the Scheduled Caste certificate. The petitioner claimed admission by virtue of being a member of the Scheduled Caste community. It may be mentioned, the medical education in India, specially in West Bengal, is difficult and there is great demand for such education. The State spends a considerable portion of public money on educating the medical students and like the other fields of higher education there is a tremendous demand for the opportunity for such education. This problem is accentuated by the problem of providing equal opportunities to the backward communities like Scheduled Castes and others. In order to regulate the said problem the West Bengal Medical and Dental Colleges (Regulation of Admission) Act, 1973, was introduced. The said Act was to ensure adequate medical education facilities in the districts and for the advancement of socially and educationally backward classes of citizens by regulating admission in the Medical and Dental Colleges in West Bengal and to provide for matters connected therewith or incidental thereto. The Act provides for a Central Selection Board and Section 3 enjoins how the constitution of the said Selection Board will be framed. Section 4 of the Act provides for the functions of the Board. Sub -section (3) of Section 4 after making certain provisions for admission provides:
Out of the remaining seats, that is, after taking into account seats excluded under sub -section (2), 15 per cent, and 5 per cent, of the seats shall be reserved for candidates belonging to Scheduled Caste and Scheduled Tribes respectively of this State.

(2.)IT is not necessary to deal with Section 5 of the Act for the purpose of this application.
Section 6 of the Act provides, in order that a candidate may be considered eligible for admission in any of the seats referred to in sub -section (6) of Section 5, he shall submit his application in such form, deposit such fees and comply with such other formalities as may be prescribed. Section 7 deals with the admission. Section 8 provides that the decision of the Central Selection Board in the matter of selection and allotment of candidates or in the preparation of the waiting lists shall be final. Section 11 authorises the State Government to make rules for carrying out the purposes of the Act, and, provides making of the rules regarding the form of application, amount of the fees and other formalities and other matters,

(3.)PURSUANT to the said authority the rules have been framed. It appears that the form of application, as framed obliges the applicant and his guardian to give a declaration, in a statement contained in the said application form and to state that the same is true and correct. Then a form of the certificate is provided as to what kind of certificate has to he given in case of Scheduled Caste and after selection what intimation has to be given to the candidate concerned is also provided in the form. The intimation of selection is provisional.

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