Surendra Kijmar Vs. State of B1har
& Ors [1984] INSC 207 (9 November 1984)
REDDY, O. CHINNAPPA (J) REDDY, O. CHINNAPPA
(J) SEN, A.P. (J) VENKATARAMIAH, E.S. (J)
CITATION: 1985 AIR 87 1985 SCR (2) 19 1984
SCC (4) 609 1984 SCALE (2)723
ACT:
Constitution of India l950-Articles 14,16 and
32- admission to Medical Colleges-Selection to be made on basis of
merit-Nomination of candidates by Chief Minister-invalid Educational
Institution-Admission to Medical Colleges- Nomination of candidates by Chief
Minister-Invalid and abuse of power-Selection to be strictly on basis of merit.
HEADNOTE:
Nine seat were reserved in the medical
colleges of Jammu and Kashmir for candidates from the State of Bihar.
Thirty five students applied for these nine
seats. A list of seven candidates was prepared by the Controller of
Examinations-cum-Additional Director of Health Services for being recommended
to the Government of Jammu and Kashmir.
The name of the petitioner figured as No. 3.
Another tentative list of seven candidates had also been prepared on the basis
of merit from the candidates in the waiting list.
This list received nobody's consideration.
From time to time applications along with
recommendations of V. I. Ps. were received by the Chief Minister's Secretariat
and the names of ten persons other than the seven persons from the tentative
list were recommended by the Chief Minister from time to time for admission to
medical colleges in Jammu and Kashmir.
Allowing the Writ Petition,
HELD: 1. Even after thirty-four years of the
Constitution proclaiming equality before the law and equality of opportunity,
the Chief Ministers of some .
States continue to regard admissions to
Professional Colleges and appointment to Government posts as their little
private empires. (20F) 2 (i) There can be no doubt that there was blatant abuse
of power by the Chief Minister of Bihar. The list of names recommended by the
Chief Minister is quashed. [22D-E] (ii) The Government of Bihar shall forthwith
prepare a list according to merit and offer successively to candidates
according to merit the opportunity of 20 pursuing medical education in the
medical colleges of Jammu and Kashmir The merit list shall be prepared of alI
candidates who sought admission into the local medical colleges and should not
be confined to the 35 candidates who applied for admission to the colleges in
Jammu and Kashmir.
This is because the Government never invited
applications separately for the seats reserved in the colleges of Jammu and
Kashmir. [22F-G]
3. Until a policy is formulated and adopted
and concrete criteria are embodied in the procedure to be selected nominations
should be made by following the procedure of selecting candidates strictly on
the basis of merit, the candidates nominated being those in order of merit
immediately next below the candidates selected for admission to the medical
colleges of the home State. 121E-F] Suman Gupta v. State of Jammu and Kashmir,
AIR 1983 SC 1235, referred to.
ORIGINAL JURlSDlCTlON: Writ Petition No.
15329 of 1984.
(Under article 32 of the Constitution) R.K
Garg and L.R. Singh for the petitioner.
Lal Narain Sinha, D. Goburdhan and Jay
Narayan for the Respondents.
The Judgment of the Court was delivered by
CHINNAPPA REDDY, J. Even after thirty four years of the Constitution
proclaiming equality before e the law and equality of opportunity, the Chief
Ministers of some States continue to regard admission to Professional Colleges
and appointments to Government posts as their litt1e private empires. So
recently as on p September l9, 1983, this Court had to disabuse this impression
in Suman Gupta v. State of Jammu and Kashmir(l). The question in that case
arose this way: A Certain number of seats in the medical colleges of one State
were reserved for candidates from other States to be nominated by the
Governments of the other States. Was an absolute power vested in the State
Governments in the choice of candidates for nomination or was it incumbent - on
the State Governments to adopt definitive criteria and follow pre-defined norms
? Pathak, J. speaking for himself, Chandrachud C-J. and Sabyasachi Mukherji J.
said:
"After considering the matter carefully,
we confess, (1) AIR 1983 SC 1235.
21 we are unable to subscribe to the view
that the selection of candidates for that purpose must remain in the unlimited
discretion and the uncontrolled choice of the State Government
.................................
.......................................................
To contend that the choice of a candidate
selected on the basis of his ability to project the culture and ethos of his
home State must necessarily be left to the unfettered discretion of executive
authority is to deny a fundamental principle of our constitutional life
............ Viewed in this context, the claim of the State Government in these
cases that the nature of the objective and the means adopted to serve it
entitle it legitimately to vest in itself an absolute power in choosing
candidate for nomination cannot be allowed to prevail. It is incumbent on the
State Government to adopt a criteria or restrict its power by reference to
norms which, while designed to achieve its objective nevertheless confine the
flow of that power within constitutional limits. We are not convinced that an
adequate system of standards cannot be devised for that purpose. Tested on the
touchstone of our constitutional values, the claim of the State Government to
the content of the power assumed by it must, in our opinion, be declared
invalid.. ........................
.......................................................
Until a policy is so formulated and adopted
and concrete criteria are embodied in the procedure to be selected, we direct
that nominations be made by following the procedure of selecting candidates
strictly on the basis of merit, the candidates nominated being those, in order
of merit, immediately next below the candidates selected for admission to the
Medical Colleges of the home State." The pronouncement of this court has
apparently not yet been heard in the distant corridors of the Bihar
Secretariat. It appears nine seats are reserved in the medical colleges of
Jammu and Kashmir for candidates from Bihar. Thirty five students applied for
the nine seats. A list of seven candidates was prepared by the Controller of
Examinations-cum-Additional Director of Health Services for being recommended
to the Government of Jammu and Kashmir. He has not disclosed on what basis he
prepared 22 the list but the name of the petitioner, Surendra Kumar, figured as
No. 3 in the list. It appears that another tentative list of seven candidates
has also been prepared on the basis of merit from the candidates in the waiting
list.
This list received nobody's consideration. We
have it from the counter-affidavit filed by P.K. Khare, Officer on Special
duty-cum-Under Secretary in the Chief Minister's Secretariat, Patna that
'applications along with recommendations of V.l.Ps. were received from time to
time by the Chief Minister' and from the counter-affidavit filed by M. Dass,
Controller of Examinations-cum-Additional Director of Health Services that 'the
names of ten persons other than 7 persons of the tentative list had been
recommended by the Chief Minister from time to time for admission to Medical
Colleges in Jammu and Kashmir.' Neither the counter-affidavit filed by M. Das
nor that by P.K. Khare given the least indication for the basis of the
selection made by the Chief Minister. There can thus be no doubt that there was
blatant abuse of power by the Chief Minister of Bihar. Whatever excuse there might
have been in the past, there can be no such excuse after the judgment of this
court in Suman Gupta's case to which, we find, Deference was made in the file
now produced before us. Shri Lal Narain Sinha, who appeared for the respondent
frankly told us that he was unable to support the action of the Government. The
list of names recommended by the Chief Minister is quashed. As already directed
by us at the conclusion of the hearing, the Government of Bihar shall forthwith
prepare a list according to merit and offer successively to candidates
according to merit the opportunity of pursuing medical education in the Medical
Colleges of Jammu and Kashmir. Lest there be any misunderstanding the merit
list shall be prepared of all candidates who sought admission into the local
medical colleges, as was done in Suman Gupta's case and should not be confined
to the 35 candidates who applied for admission to colleges in Jammu and
Kashmir. We give this direction because admittedly the Government never invited
applications separately for the seats reserved in the colleges in Jammu and
Kashmir. The respondents will pay the costs of the petitioner which we quantify
at Rs. 1000.
We desire to add by way of expression of our
concern and 23 regret that this is not the first occasion that such
interference and abuse of power at such high level has come to the notice of
this A court from the State of Bihar. In Chandrika Jha v. State of Bihar(l) it
related to the constitution of Board of Directors of Cooperative Society;
here it relates to nomination of candidates
for admission to Medical Colleges. But in both there is clear misuse of power.
The less said the better.
N.V.K. Petition allowed.
(1) [1984] 2 S.C.C. .41;
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