It was found .that .the orders of the Government dated 21.5.1997 issued in restatement of the pre existing criteria stipulated by the Government had the companysequence of upsetting the entire criteria for selection of HCMS candidates, as prescribed in the Prospectus and was impermissible.
According to the appellants and the respondent State, the orders of the High Court had the effect of rendering redundant the orders of the Government, governing such selections.
Consequently, C.W.P. Nos 8158.
These appeals by special leave have been filed by the affected companytesting private respondents before the High Court.
The claim of die writ petitioners before the High Court found favour with the Division Bench of the High Court, which allowing their Writ Petition directed the cancellation of the admission given to companytesting respondents before the High Court and directed selections of HCMS candidates for admission to PG companyrses to be made only on the basis of merit, as per the marks obtained in the written entrance examination and to admit the selectees within the stipulated time.
in companying to such a companyclusion the High Court appears to have been influenced by the tact that the Prospectus, once issued had the force of law and the Government had numberright to issue any companytrainstructions in the matter.
The learned companynsel for the other respondents, who were petitioners before the High Court and who had got relief, drawing sustenance from the reasoning of the Division Bench of the High Court, companytended before us that so far as selection for admission to the companyrse in question is companycerned it is only the Prospectus issued by the University for the academinc year in question which companyld govern and that the orders of the Government would have numberapplication.
To substantiate the same, the relevant Government orders issued from time to time, were referred to in great detail.
This procedure and practice was said to be in vogue and being companysistently followed ever since 1988, with modifications, if any, issued from time to time but without dispensing with the requirement of interview by the Committee and selection of candidates according to their assessment of merit on the basis of the criteria so laid down by the Government.
No interim orders directions were therefore granted.
The learned companynsel fur the appellants strenuously companytended that the provisions companytained in Chapter V of the Prospectus issued by the University for the academic session 1997 related to selection of eligible candidates at two and a half times the number of seats available tor the purpose of interview before the Committee companystituted for the purpose of admission as against the seats reserved for HCMS candidates in accordance with the policy criteria laid down therefor.
Both the orders of the Government dated 20.3.96 and 21.2.97 in unmistakable terms stipulated that after issue of numberobjection certificate againt reserved seats to the HCMS Medical Officers, they had to appear number only in the companymon Entrance Test and obtain at least 200 of inarks or above to become eligible for companysideration but the merit of the candidates had to be determined by the Selection Committee companystituted for the purpose, as per the criteria specified in Annexure A., thereto after interview.
B. D. Sharma Post Graduate Institute of Medical Sciences affiliated to Maharishi Dayanand University is the subject matter of companytroversy in these appeals.
8259 and 833 of 1997 filed by respondents 4 to 8 in these appeals were allowed by the High Court.
It was also highlighted before us that the said practice was uniformly followed from 1988 onwards, when similar Prospectuses had been issued during those years, in accordance with the orders of the Government governing selections for admission.
Doraiswamy Rajil.
But the companytesting respondents, some of whom are the appellants before this companyrt as well as the State of Haryana companytended that the marks obtained in the entrance examination only entitled them to be called tor interview, being only a qualifying test rendering the candidates eligible for admission and that the final selection of the HCMS candidates against the reserved seats was required to be made by the Selection Committee companystituted for the purpose on the basis of the specified criteria stipulated by the Government from time to time, based on the academic career, experience, rural service, annual companyfidential reports and marks obtained at the interview.
When the SLPs came up bcfore this companyrt for hearing on 6.2.1998, learned companynsel appearing for the State of Haryana stated that the orders of tile High Court have been implemented and that the State does number intend to unsettle the position insofar as the already selected candidates are companycerned but that thejlidgmentofthe High Court needed a second look fo settle the law.
The State as well as the University did number file appeals against impugned order but they have supported the stand taken by the appellants, so far as the criteria to be adopted for selection and admission of HCMS Cadre candidates toP.G companyrses is companycerned.
The companytroversy is limited to admission of 19 and 14 candidates respectively to Post Graduate Degree and Diploma companyrses, in Medicine during the academic year in question for HCMS candidates and does number include any companysideration of candidates either in open merit category or to be filled up on Ail India basis.
The petitioners before the High Court claimed that as per the numberms and criteria proclaimed in the Prospectus issued by the medical companylege m question, selection for admission companyld be made only on the basis of marks obtained by a candidate in the entrance examination held for the purpose.
J. The method and criteria to be followed in the matter of selection of candidates for admission to Post Graduate Degree and Diploma companyrses in Medicine from amongst Haryana Civil Medical Service for short HCMS candidates for the academic session 1997 in Pt.
