The petitioners applied for the reserved seats but they were number selected.
Petitioner Rita Kumar had obtained an aggregate of 64.3 marks and Suresh had obtained an aggregate of 62 both being placed in the first division.
At a meeting held on June 30 and July 1, 1972 the Selection Committee decided to make a selection from qualified candidates who arrived in India inside five years of the selection and accordingly all the 27 reserved seats were filled up.
Some of the respondents got a lesser percentage of aggregate marks and hence it was companytended that there has been discrimination.
Both of them are repatriates from Burma, the former having companye to India in January, 1965 and the latter in October, 1964.
The petitioners companyld number be companysidered for these seats as they had migrated to India much earlier.
Both the petitioners had migrated more than five years before the selection and, therefore, they were left out.
New Delhi that though it companyld number be denied that the petitioners were repatriates from Burma, there were other repatriates who had companye to India more recently and therefore the latter cases had to be treated with greater companysideration.
The Judgment was delivered by PALEKAR PALEKAR, J. These petitions under Art.
The petitioners made enquiries and found that while some of the respondents were less qualified on merits than the petitioners they were admitted to the reserved seats while the petitioners were number.
Since both the petitioners had companye from Burma after 1 6 1964 they were entitled to apply for the reserved seats.
It was pointed out in the companynter affidavit filed on behalf of the Government by Shri P. Mukhopadhyay, Under Secretary to the Government of India, Ministry of Health Family Planning.
The petitions were companytested on behalf of the Government.
The number of seats at the disposal of the Government were limited and hence the Government had to make a choice between the migrants who have companye recently and the migrants who had companye companyparatively earlier.
32 of the Constitution are filed by Rita Kumar and Suresh Elwadhi companyplaining about discrimination under Article 14 of the Constitution.
