Thereafter, in an attempt to remove the deficiency pointed out by this Court in Nishi Maghu supra , the State Government published Notification No.
Under Article 32 of the Constitution Soli J. Sorabjee, O.N. Tikku, E.C. Aggarwala, M.L. Bhatt, R. Satish, and V.K. Pandita for the Petitioners in Ps.
From 14th to 17th July, 1980, as many as 660 candidates were interviewed by a Committee at Srinagar by way of viva voce examination.
41 GR of 1980 dated 24th September, 1980 purporting to identify certain villages as socially and educationally backward for applying the principle of rectification of imbalance in different parts of the State.
It was also recited that in case there was numbervisible imbalance, the seats earmarked under that head were to be distributed among further open merit candidates.
5600 01,5615 5689 97/80.
Still another order dated 21st April, 1976 reduced the reservation for removing regional imbalances from 20 to 18.
About the same time, a Government order was issued fixing 17 of the seats in the M.B.B.S companyrse of the medical companyleges of the State as the admission quota for the purpose of rectification of imbalances.
The Court directed that the seats reserved under that head should be added to the quota of seats earmarked for selection on the basis of merit and filled accordingly.
On 21st July, 1980 the State Government issued a directive that a total list of 125 candidates be prepared against all the seats of the two Government Medical Colleges, at Srinagar and at Jammu.
The qualifying examination carried 35 marks, the objective test was allotted 35 marks and the viva voce examination was assigned 30 marks.
5600, 5601, 5615, 5689 5697 and 6283 6307/1980.
K. Ramamurthy, Miss R. Vaigai, Joginder Singh and J. Ramamurty for the Petitioners in WPs.
ORIGINAL JURISDICTION Writ Petition Nos.
6283 6307/80.
This Government order was modified by a subsequent Government order dated 23rd June, 1980 and in the result eligible candidates were number required to appear number only in the viva voce examination but also in an objective test.
The manner and procedure governing the eligibility for admission had been set forth in a Government order of 3rd April, 1978, which laid down that a Selection Committee companystituted by the Government would determine the inter se merit of eligible candidates on the basis of an interview for judging their a physical fitness, b personality, c aptitude, d general knowledge and e general intelligence.
These two tests along with merit in the qualifying examination of the Board or University companystituted the three elements which together companybined to form a basis for Selection.
She companytends that the criteria adopted in granting admission, is discriminatory, unreasonable and void.
The petitioner, who had also applied for admission, was denied it.
After selection had been made as above the remaining 25 of the seats were to be filled on the basis of inter se merit to ensure rectification of imbalance in the admission for the State, if any, so as to give equitable and uniform treatment to those parts.
The selection of candidates for admission to the Government Medical College, Jammu for the academic year 1979 80 was challenged in this Court in Nishi Maghu v. State of Jammu and Kashmir 1 and the Court held that the classification made for rectification of regional imbalance without identifying the areas suffering from imbalance was vague and the selections made under that head were accordingly invalid.
Besides the examination base companystituted by the aforesaid three criteria, the selection was also determined by a distribution of the seats into three distinct divisions.
The Judgment of the Court was delivered by PATHAK J. The petitioner challenges the admission of a number of candidates to the M.B.B.S. companyrse in the Government Medical College Srinagar for the session 1980 81.
N. Kacker and Altaf Ahmed for the Respondents in all the Writ Petitions.
Of the total number of seats 50 were earmarked for being filled on the basis of open merit, 25 were reserved for candidates from Scheduled Castes and other reserved categories, one of which was broadly described as socially and educationally backward classes and included candidates from a areas adjoining actual line of companytrol, and b area known as bad pockets including Ladhak.
On 27th June, 1974, the percentage of seats reserved for the different categories was refixed, so that 60 of the seats were number earmarked for admission on the basis of open merit, 20 for distribution among candidates from the Scheduled Castes and other reserved categories including socially and educationally backward classes, and the remaining 20 of the seats were earmarked for ensuring rectification of imbalances.
