S.P.Goyal, J. - (1.) This judgment will dispose of five petitions, Civil Writ Petitions Nos. 4060, 4276, 4297, 4302 and 4760 of 1985 which have been filed to challenge the admissions made to M.B. B.S.Course Scheduled to commence in Aug. 1985. For the purpose of this judgment the facts of Civil Writ Petition No. 4297 of 1985 have only been noticed.
(2.) There were 115 seats only out- of which 57 were reserved seats and the remaining open ones. Admission to the course was to be made on the basis of entrance examination to be regulated and held according to the provisions of the Prospectus issued for the year 1985. The eligibility for admission to the entrance examination is governed by Chapter IV of the Prospectus of which two clauses are only relevant for the purpose of this petition. Clause I of this Chapter provides that a candidate for admission to the Entrance Examination must possess Haryana residence/domicile as defined in the Haryana Government letter No.4663-6-GSI-77/19856 dated 26th July 1977. Clause IV (i) provides that the candidate must have passed either pre-medical examination of M.D. University, Rohtak or of any other University/Board recognised as equivalent by M.D.University with atleast 50 percent marks in English, Physics, Chemistry and Biology, all taken together. The entrance examination is regulated by Chapter V and its clause 4 whose vires have been challenged reads as under "A candidate shall have to obtain at least 50% of the total marks allotted to all Science subjects and English in the Medical/Dental Entrance Examination in order to compete for admission. Candidates belonging to Scheduled Castes/Tribes shall have to obtain at least 40% of the aggregate marks in the Entrance Examination. However, if the number of qualifying candidates securing 50% or 40% or more marks in the test as the case may be, are not available to fill up the vacancies, both general and reserved, the authorities will have the right to relax the above condition, to the extent it may deem appropriate."
(3.) In the entrance examination only one scheduled caste candidate, four ex-servicemen and one backward class candidate got the qualifying marks. Rest of the seats were filled by relaxing the provisions of clause 4 of Chapter V reproduced above. The challenge against these admissions is three-fold. First, that the reserved seats in the absence of the availability of requisite number of candidates securing qualifying marks, should have been thrown open to the general category candidates, as envisaged in Note (i) of Chapter III of the Prospectus. Second, that the provisions of the said clause confer arbitrary powers to relax the condition of qualifying marks without prescribing any minimum standard. Third, that the competent authority never passed any order relaxing the condition of qualifying marks. Apart from the challenge to the admission of the reserved category candidates admission of 15 respondents named in Civil Misc. Application No. 3048 of 1985 of general category was also challenged on the ground that they were neither bona fide residents nor had Haryana domicile at the relevant time.;