During the hearing of those writ petitions, companynsel who appeared for the State Government and the Selection Committee, made a statement in Court companyceding that the aforesaid five candidates were number entitled to admission because of their inferior merit and that an error had inadvertently been companymitted in including their names in the Select List.
Engineering Group The petitioners in these writ petitions challenge the selection of candidates for admission to the Regional Engineering College, Srinagar and also challenge the numberinations made by the State Government of candidates to Regional Engineering companyleges and other engineering institutions outside the State.
The written test was held in June 1984 and the viva voce test followed in July 1984.
On September 21, 1984 the State Government issued a Select List of 212 candidates.
N. Kacker, M.H. Baig, E.C. Agarwala, R. Sathish, K. Pandit, Shabir Ahmed for the Respondents.
Dr. Y.S. Chitale, Altaf Ahmad, S.K. Bisaria, S.K. Bhattacharya, S.C. Patel, Subhash Sharma, L.R. Singh, B. Sawhney, Ms. Indra Sawhney, Mrs. Jaya Mala and K. Bansi Lal A for the Petitioners.
The Judgment of the Court was delivered by PATHAK, J. On May 10, 1985 we delivered an order in these cases disposing of the writ petitions and special leave petitions.
Out of 100 points, 85 points were allocated to the written test and the remaining 15 points were allocated to the viva voce test.
Thereafter S.R.O. 335 dated June 14, 1983 added 25 villages and S.R.O. 412 dated August 27, 1984 added another 14 villages.
On January 19, 1985 the State Government published a list of candidates selected for admission to the First Year 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 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.
To fill the eight vacancies so arising eight other candidates were selected for admission to the Regional Engineering College, Srinagar.
It is number clear whether these five candidates who have number MANOHAR been admitted to the Regional Engineering College, Srinagar would have been entitled to do so on the basis of their merit in the Select List.
On March 30, 1984 the State Government issued a public advertisement inviting applications from candidates for admission to the four year Degree Course at the Regional Eagineering College, Srinagar.
If one or more of such candidates does number hold a position of merit qualifying him or them for such inclusion the candidates who are qualified by virtue of their position in order of merit are entitled to admission to the Regional Engineering College, Srinagar.
A number of writ petitions were filed in the High Court of Jammu and Kashmir challenging the validity of the selection for admission to the aforesaid companyrse.
We stated that the reasons for the order would be pronounced later.
They were candidates who had been numberinated to Engineering Colleges outside the State, but had been unable to join there because they were late in doing so.
Thereafter the State Government issued S.R.O. 380 dated July 7, 1983 modifying the Notification S.R.O. 272 dated July 3, 1982, 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.
Ten candidates were numberinated by the State Government to Engineering College outside the State on October 27, 1984, but all those ten numberinations, as averred in the Counter Affidavit filed by the Chief Minister, have been cancelled by him pursuant to the law laid down by this Court in Suman Gupta and Ors.,
These included numberinations of candidates for admission to the M.B.B.S. Course and the B.D.S. Course in the Medical Colleges of the State of Tamil Nadu The petitioners are candidates who applied for admission to the First Year M.B.B.S. Course and the First Year B.D.S. Course in the Government Medical Colleges of the State of Jammu and Kashmir, but were number included in the Select List respecting those Medical Colleges number were numberinated for admissions to any Medical College outside the State.
They challenge the selection of candidates for admission to the Medical Colleges of the State as well as the numberinations made for admission to Medical Colleges outside the State.
In regard to the Actual Line of Control Zone, S.R.O. 335 dated June 14, 1983 added 9 villages to the 347 villages identified earlier.
The material included reports from the District Development Commissioners companycerned.
1983 3 S.C.R. 985 as clarified by this Court by its Order dated September 22, 1983.
The Entrance Examination for the Purpose of admission was to companysist of a written test and a viva voce test.
As Abdul Rehman declined the offer his place has been filled by Maqbool Hussain.
supra as clarified by this Court by its Order dated September 22, 1983 .
Nine candidates were to be selected for that Course.
The hearing of these cases had been companypleted only a few days before the companymencement of the Long Vacation and as companynsel for the parties desired that we deliver the order before the Court closed we did so.
Their admission is liabe to be quashed unless they have been selected by virtue of their merit in the Select List and but for the erroneous inclusion of the five candidates, Abdul Rashid Dhobi and the others, would have been included in the Select List.
Fifty per cent of the total admissions were to be affected 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 companyprising weak and under privileged classes Gujjar and Bakarwal and other social castes , as well as residents of backward areas.
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.
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.
We number set forth the reasons.
The entire proceeding during the interviews was to be recorded by tape recorders.
The points reserved for the viva voce test were sub divided into 8 points for Aptitude and 7 points for General Knowledge and General Intelligence.
The written tests were held at Srinagar and Jammu on September 12 and 13, 1983, and the answer scripts were evaluated from October 1, 1984 to October 13, 1984.
supra as clarified by this Court by its Order dated September 22, 1983 .
They are liable to be quashed.
SRO 335 dated June 14, 1983 and S.R.O. 412 dated August 27, 1984.
Medical Group F On June 10, 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.
Under Article 32 of the Constitution of India.
The large group of writ petitions and special leave petition before us fall into two groups.
The other group of cases challenges the validity of the Select List for admission to the B.E. First Year companyrse of studies at the Regional Engineering College, Srinagar and also aasail the validity of numberinations made by the State Government to Engineering Colleges outside the State.
ORIGINAL JURISDICTION Writ Petitions Nos.
A number of them challenge the selection of candidates for admission to the first year companyrse 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.
Nine candidates were selected for admission to the First Year B.D.S. Course.
They are Ghulam Hassan Mir, Sudhir Kumar Tukra, Sahab Ji Kachroo, Niraj Kumar Gupta, Mahmood Ahmed, Avneet Kumar, Mohd.
The Government of the State of Jammu and Kashmir numberinated eight other candidates to seats in Engineering Colleges outside the State.
They also challenge the numberinations of students from Jammu and Kashmir by the State Government to Nedical Colleges outside that State.
The viva voce Examination was to be companyducted 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.
Their numberinations are liable to be quashed.
S.R.O. 334 dated June 13, 1983 identified as many as 1754 villages in that category.
merely the written test was to carry 85 points and the viva voce test was to carry 15 points, making a total of 100 points.
On August 9, 1984 the State Government sanctioned the companystitution of an Admission Selection Committee for the selection of candidates for admission to the two Medical Colleges of the State for the session 1984 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.
3023 32 of 1985 etc.
As in the case of admission to the Medical Colleges, tape recorders were employed for recording the oral interviews held during the viva voce test.
Eligible candidates were to appear in a written entrance test and a viva voce test.
The backward areas companysisted of the areas enumerated in Annexure I to S.R.O. 272 dated July 3, 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.
The State Government also made numberinations of a number of candidates to Regional Engineering Colleges and engineering institutions outside the State.
To those villages were added a number of others by Notification No.
The State Government companystituted a Selection Committee companysisting of Shri T.R. Gupta, a Member of the State Public Service Commission as Chairman of the Committee and Shri A.R. Mir, Chief Engineer, Public Health Engineering, Kashmir, Professor Ansari, Professor of Mathematics, Regional Engineering College, Srinagar and Shri Mohd.
There are thus five vacancies on this account.
Five names were added to the Select List to fill up the aforesaid vacancies.
Candidates claiming companysideration under the backward areas category were required to enclose a certificate by the Tehsildar in support of their claim to that benefit.
me points earmarked for the viva voce test were further sub divided into a Aptitude, carrying 8 point and b General Knowledge and General Intelligence, carrying 7 points.
These candidates are Abdul Mateen Sherwani, Parvez Ahmed, Rajinder Kaul, Shanker Singh and Sanjay Razdan.
Beside the selection of candidates for admission to the Medical Colleges of the State of Jammu and Kashmir, the State Government numberinated certain candidates for admission to Medical Colleges outside the State.
In the result, 1793 villages companystituted the backward areas of the State.
Before the interviews companyprising the viva voce test were companymenced the Admission Selection Committee decided on October 8, 1984 that the 15 points allocated to the viva voce test should be further sub divided as follows Aptitude 8 Points Physics 2 points Chemistry 2 points Biology 4 points Botany 2 points Zoology 2 points General Knowledge and General Intelligence 7 Points General Knowledge 4 points General Intelligence 3 points Presence of mind 1 point Physical Bearing 1 point Expression 1 point Earlier the State Government had published an advertisement dated September 19, 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 September 21, 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 companysidered for training in the 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 July 7, 1983.
The High Court, by its judgment dated March 20, 1985 took the companycession into account and set aside their selection.
There is numberdispute that they companyld number in law be numberinated by the State Government having regard to what was laid down by this Court in Suman Gupta Ors.
In companysequence they were admitted to the Regional Engineering College, Srinagar.
If one or more or such candidates does number hold a position of merit qualifying him or them for such selection, the candidates who are qualified by virtue of their position in order of merit are entitled to be admitted to the Regional Engineering College, Srinagar.
Some candidates were numberinated for admission to the Five Year Engineering Course of Studies.
Bashir Khan and Abdul Rehman.
Amin, Additional Secretary, General Department Trainings Branch , Government of Jammu and Kashmir as its Members.
The Committee would assess the performance of each candidate and allot points in accordance with the provisions of S.R.O. 380 dated July 7, 1983.
me inclusion of those names is also liable to be quashed unless the numberinations have been made in accordance with law by virtue of their merit in the Select List and who, if the eight persons who were selected but did number join or companytinue in the Regional Engineering College, Srinagar had number been selected, would have been included in the Select List.
Accordingly, the Special Leave Petition is liable to be dismissed.
The five candidates have filed Special Leave Petition Civil No.
Additionally, a candidate Arshad Hussain Wani was also numberinated to a seat in an Engineering College outside the State.
