Document Fragment View

Matching Fragments

Doraiswamy Rajil. J.

The method and criteria to be followed in the matter of selection of candidates for admission to Post Graduate Degree and Diploma courses in Medicine from amongst Haryana Civil Medical Service (for short 'HCMS') candidates for the academic session 1997 in Pt. B. D. Sharma Post Graduate Institute of Medical Sciences affiliated to Maharishi Dayanand University is the subject matter of controversy in these appeals. The controversy is limited to admission of 19 and 14 candidates respectively to Post Graduate Degree and Diploma courses, in Medicine during the academic year in question for HCMS candidates and does not include any consideration of candidates either in open merit category or to be filled up on Ail India basis.

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 contesting respondents before the High Court and directed selections of HCMS candidates for admission to PG courses 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 coming to such a conclusion 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 no right to issue any contrainstructions in the matter. 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 consequence of upsetting the entire criteria for selection of HCMS candidates, as prescribed in the Prospectus and was impermissible. Consequently, C.W.P. Nos-8158. 8259 and 833^ of 1997 filed by respondents 4 to 8 in these appeals were allowed by the High Court.

Both the orders of the Government dated 20.3.96 and 21.2.97 in unmistakable terms stipulated that after issue of no objection certificate againt reserved seats to the HCMS Medical Officers, they had to appear not only in the common Entrance Test and obtain at least 20^0 of inarks or above to become eligible for consideration but the merit of the candidates had to be determined by the Selection Committee constituted for the purpose, as per the criteria specified in Annexure 'A.', thereto after interview. Chapter V of the Prospectus, apart from envisaging the preparation of a merit list, at two and a half times the number of seats available in cach category on the basis of written examination; contemplates also the award of marks and determination of merit in respect of open seats and so far as candidates of HCMS rescued seats are concerned after specitving the marks stipulated for the written examination, leaves the matter for further assessment of merit without specifying any further marks, apparently on account of the applicability' of the Government orders notified above, which takes care of the weightage to be given to such candidates in respect of the assessment of their merit before actual selection for admission against the reserved category of seats earmarked tor HCMS candidates.

The fact that the list to be prepared on the basis of marks in written test had to be two and a half times the number of seats available in each category also is an indicator that it was not by itself, the final list of selection for admission to professional courses in a college. Even if there had been any default on the part of the University in properly specifying this aspect despite communication of the Government orders every time to the University with a direction to incorporate them in the Prospectus/syllabus, the efficacy and binding force of the Government orders and the necessity to apply the criteria laid down therein to finally determine the merit of the candidates to be selected for admission against the seats reserved for HCMS candidates in terms of the criteria laid down in those orders cannot be overlooked or given up once for all. The Prospectus as well as the orders of the Government in our view have to be construed in such a manner that the infer se merits of the sendee candidates are properly assessed on the basis of their credentials and performance in service and not merely of theoretical knowledge of the subject as in the case of non-service candidates belonging to the other categories. The construction placed by the High Court, if accepted may result in discrimination on account of applying different criteria of total marks for open candidates and in service candidates without noticing the distinguishing features relevant for the purpose of assessment of merit in the case of HCMS candidates. We find no reason or justification to allow any deviation from the method of assessment uniformly followed in all the previous years for such selection. For all the reasons stated above, we have no hesitation in holding that the High Court committed a serious error in tills regard which vitiates its judgment and the same is accordingly set aside. We hold that the merits ot the HCMS candidates are required to be adjudged in terms of the criteria contained in the Government orders noticed above and the selections can bemade for admission against the reserved seats, as per the determination of merit by the Selection Committee constituted for the purpose.