L. Sanghi, Prithvi Raj, M.H. Baig, Anil Dev Singh, Sen, D.D. Thakur, Altar Ahmed, A.D. Singh, H.D. Pathak, C. Raina, Vijay Lakshimi Menon, S.K. Bhattacharya, Salman Khurshid, L.R. Singh, R.C. Gandhi, P.D. Sharma, P.S. Shroff, S. Shroff, S.A. Shrooff, Ramesh C. Pathan, S. Joginder Singh, Jaswant Singh Kotwal, E.C. Agarwala, Ms. Purnima Bhatt, A.P. Aggarwal, Atul Sharma, V.K. Gupta, D.B. Sawhney, B. Sawhney, R. Satish, S.S. Lehar, DaIveer Bhandari, Bhim Singh, R.C. Pathak, Suhail Dutt, Ms. V. Menon, Ms. Indra Sawhney, Subhash Sharma and Anil Vaidhya for the appearing parties.
The Judgment of the Court was delivered by KULDIP SINGH, J. Special Leave is granted in all these petitions.
The selection to the MBBS BDS companyrse for the session 1988 89 in the two Government medical companyleges of Jammu Kashmir has been set aside in a bunch of writ petitions by a Division Bench of Jammu Kashmir High Court on the follow ing grounds The selection was number held in accordance with the directions of the said companyrt given in an earlier case Jyotshana Sharma and Ors.,
v. State of Jammu Kashmir, decided on 17th of April, 1987 hereinafter called Jyotshana Sharmas case .
II The selection was number held by the companypetent authority as companystituted by the order of the High Court dated 17th of October, 1988.
According to the High Court all the three persons never met and all of them never scrutinised the cases of the candidates who appeared in the entrance examination and viva voce and as such the selection was invalid.
On 27th of October, 1988 list of selected candidates to the MBBS BDS companyrse for the session 1988 89 was published.
Under the said order, companypetent authori ty, was to companysist of three persons.
The State of Jammu Kashmir and the selected candidates have challenged the above judgment of the High Court in these appeals.
Some of the unsuccessful petitioners before the High Court have also raised various additional grounds of challenge to the selection.
Thereafter under SRO 29 1 one Shri Satish Raina, retired principal, S.P. College, Srinagar, was appointed as the Competent Authority on 19.5.
Meanwhile the selection to the medical companyleges for the year 1987 88 was also challenged in a number of writ peti tions.
Both the Judges companystituting the Bench, differed and as such by formulating points of difference the case was referred to a third Judge.
The judgment was delivered in Farooq Ahmed Bacha and others v. State of Jammu Kashmir, and companynected petitions on th of June, 1988.
While Bachas case was pending before the third Judge, the process of selection for admission to the medical company leges for the session 1988 89 had companymenced and almost companypleted.
The written test was held on 7th and 8th of August, 1988 and the result was published on 25th of August, 1988.
Considering the above said agreed order, we dispose of .the petition and order according ly.
The main challenge in Bachas case was to Government numberification SRO 460A which provided 50 reservations for female candidates.
While the viva voce test was going on, a Bunch of writ petitions including Rajeev Mahajan others v. State of Jammu Kashmir, were filed in Jammu Kashmir High Court challenging the appointment of Prof. Satish Raina as companypetent authority and number implementation of the directions in Jyotshana Sharmas case.
The viva voce test was held from 29th August, 1988 to 7th of September, 1988.
It was also companytended that the scrutiny as per companysent order dated 17th October, 1988 was number done by the companypetent authority but by the companymittee appointed by the State Gov ernment.
While these petitions were pending, the State Government superseded the Order dated 19th of May, 1987 appointing Prof. Satish Raina as companypetent authority and instead issued a fresh Order dated 15.9.1988 reconstituting the companypetent authority companysisting of Dr. Aga Ashraf Ali, Mr. J.P. Kesar and PrOf.
Petitioner shall however have liberty to challenge the selection if he still feels aggrieved on all the grounds which are available to him.
The written test had taken place on 7th and 8th August, 1988 and the result thereof was published on 25th of August, 1988.
It was prayed that the writ petitioners be declared to have qualified the written test and they be called for viva voce.
While the second batch of petitions was pending before the High Court, on 2 Ist November, 1988 the learned Chief Justice in the capacity of a third Judge, delivered judgment on the reference in Farooq Bachas case.
1347 GD of 1988 dated 15.9.1988 reconstituting the Competent Author ity in supersession of Government Order No.
came up for hearing on 17th of October, 1988 and the High Court disposed off the writ petitions by a companysent order, which is as under It has been pointed out that Government have issued order No.
Satish Raina.
923 GD of 1987 dated May 19, 1987 companysisting of 1 Dr. Aga Ashraf Ali 2 Shri J.P. Kesar and 3 Prof. Satish Raina.
In the interim period, the reconstituted Compe tent Authority should also function keeping in view the guidelines given by the apex companyrt and this companyrt in various judgments, including the ones in Jyotshana Sharmas case and the submission of Mr. B .A. Khan.
The writ petitions Rajeev Mahajan and others v. State of Jammu Kashmir Ors.,
As agreed to by the learned companynsel for both the sides, the selection process for the selection of candidates for admission to 1st year MBBS BDS companyrse 1988 89 shall be carried out by the above said reconstituted companypetent authority after scrutinizing all the cases of the candidates who appeared in the entrance examination.
The viva voce test was held from 29th August, 1988 to 7th Sep tember, 1988.
From the judgment and order dated 9.12.88 of the Jammu Kashmir High Court in WP.
The stay order passed earlier shall stand vacated and the companynected CMPs disposed of.
Before examining these companytentions we may numberice that the companypetent authority was reconstituted on 15th September, 1988 by the State Government and it was approved by the High Court in the companysent order dated 17th of October, 1988.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The batch of writ petitions Rajeev Mahajan Ors.
was finally heard by the High Court on 29th of November, 1988 and the judgment was pronounced on 9th of December, 1988.
v. State of Jammu Kashmir ors.
The numberification specifically states whereas a Division Bench of the High Court by judgment and order 17th April, 1987 inter alia made certain suggestions for improving the system for making admission to MBBS BDS companyrse in the State, number, therefore, in deference to the observations of the High Court of Jammu Kashmir the Government hereby makes the following order Mr. Bhim Singh, learned companynsel appearing for the unsuccessful candidates, however, argued that the principals of two medical companyleges have number been associated with the selections.
Thereafter the two members of the companypetent authority approved the said scruti ny on 25th of October, 1988.
In any case all the parties including the unsuccessful candidates agreed to the companysent order which was passed by the High Court on 17th of October, 1988.
On 22nd October, 1988 a companymittee companysisting of Prof Y. Tawana, Retired Controller of Examination, University of Kashmir, Dr. Y. Singh, Prof. of Physics, University of Kashmir and Dr. Abdul Azim, Reader in Mathematics, Universi ty of Kashmir, was companystituted to assist the companypetent authority.
1304 of 1988.
2711 of 1989 etc.
Thereafter, Rajeev Mahajan and number of other unsuccessful candidates started second round of litigation by filing writ petitions in the High Court on 29th October, 1988.
