ANAND S. BIJI versus STATE OF KERALA AND ORS.

Citation: [1993] 3 S.C.R. 337 · Decided: 22-04-1993 · Supreme Court of India · Bench: M.N. VENKATACHALIAH, B.P. JEEVAN REDDY · Disposal: Disposed off
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Judgment (excerpt)

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ANANDS.BUI 
v. 
STATE OF KERALA AND ORS. 
APRIL 22, 1993 
[B.P.JEEVANREDDY ANDN. VENKATACHALA,JJ.] 
Constitution of India, 1950: 
A 
B 
Articles 136, 14-Appeal-All India post graduate entrance examination of 
I992-Appearance of appellanr along with others-Students with lesser marks 
C 
admitted but not appellant-Vacant sears surrendered to State Government filled 
up-Direcrion of Supreme Court-Existing system and Modified system-Effect of 
Education-All India post-graduate entrance examination-Admission ro 
M.D./M.S!Diploma and M.D.S. courses-Existing system- Modified 
system-Effect-Directions of Supreme Court. 
The appellant had appeared for All India competitive examination. He 
was not allotted any seat in any college according to the merit-com-prefer-
ence-cum-eligibility. His grievance now is that students with lesser marks 
than him are being admitted to Colleges in Kerala. He says that he may be 
given a seat in any subject in any of the colleges in Kerala-or for that matter 
anywhere else. After the first, second and third lists pertaining to AIMndia 
seats were published, the remaining vacant seats have been surrendered to 
the State Government already. The State Government had already rdled 
almost all of them. 
Disposing of the appeal, this Court, 
D 
E 
F 
HELD: 1.1. This Court cannot withdraw one seat from the State 
Government, at this belated stage-the course has begun in the month of 
September, 1992 itself-and giv~ it to the appellant. Even otherwise it is not 
certain thatthere are no other candidates (who had appeared in the All India 
competitive examination) who may have scored higher _marks than the G 
appellant. No direction can be given for his being considered against the 1993 
vacancies because he has not appeared for the 1993 examination. If, in case, 
· any seat in lying vacant in any of the medical courses in Kerala, the second 
respondent, Director of Medical Education Thiruvananthapur.1m shall con- e 
sider admitting the appellant against such seat relating to the year 1992. 
(342-G) 
337 
.. 
338 
SUPREME COURT RFPORTS 
[1993)3 S.C.R. 
A. 
1.02. The post-graduate courses comprise degree courses as well as 
diploma courses. After the r~ults of examinations are published, the admis-
sions are made on the basis of merit-cum-preference-cum-eligibility with the 
aid of a cojnputer. (339-G) 
1.03. According to the system in vogue, a candidate who applies for 
B · admission in the All India quqta is required to indicate eight medical colleges 
and six subjects, in the orde~ of pref~rence, to which he seeks admission. 
(339-G) 
1.04. In the first instance, a list.of admissions is issued. But it so happens 
c 
thatfor one or the other reason, many of the candidates in the list do not turn-
up to join the course. Hence,~ second list is issued and then a third. But while 
preparing the second list or the third list, the overall merit-cum-preference-
cum-eligibility is not again, examined, with the result that sometimes a 
candidate with lesser score gets a better subject than a candidate with higher 
score. (339-H) 
D 
E 
F 
G 
1.05. Inspite.ofpromptings from this court, the authori.ties in-charge of 
holding All India competitive examination have not been able to adhere to the 
prescribed schedule. In sucij a situation, it is bound to happen that issuance 
of second and third lists delay the process of admission still further. By the 
time the second and third lists are communicated, half the course is over. 
(340-D) 
1.06. The new system, in short, is this: after the examination is over, the 
· results would be published ib the order of merit. The selection committee Will 
call 150 candidates a day in the order of merit. A chart will be kept ready and 
displayed at all relevant pla
1ces indicating the colleges and subjects wherein 
the seats are available. Candidates will be called in the order of merit and 
I 
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asked to indicate his/her choice. The slot chosen by him/her then gets closed. 
This procedure will be gone through until all the seats are fdled up. There 
w.ould be no second or third list. Any seats remaining vacant thereafter will 
be surrendered to the State. Government. But this modification will apply to 
and come into effect only for and from the admissions for the year 1994. It will 
n~t apply to the admissio~ currently underway. (340-H, 341-A) 
1.07. In all other respects, the scheme in vogue shall continue to be 
B 
effective. 
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A.S. BIJI v. STA 1E OF KERALA 
D
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