CHARLES K. SKARIA versus DR. C. MATHEW

Citation: [1980] 3 S.C.R. 71 · Decided: 19-03-1980 · Supreme Court of India · Bench: V.R. KRISHNA IYER

Cited by 4 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

• ' 
• 
CHARLES K. SKARIA 
v. 
DR. C. MATHEW 
March 19, 1980 
[V. R. KRISHNA !YER AND R. S. PATHAK, JJ.] 
71 
A 
Constitution of India 1950, Articles 14 and IS-Admission to Post Gradu-
B 
ate degree and diploma course in medicine-Reservation Quota of 2% of total 
number of seats for candidates from entire country minus Kera/a-Such reser-
vation-Whether valid. 
The Kerala State runs three medical colleges with post-graduate degree and 
diploma courses in two of its Universities (Trivandrum and 
Calicut). The 
selection is made from among candidates guided by the prospectus issued in this 
behalf and the Selection Committee makes the selection. The principal of the 
C. 
Medical College, Trivandrum., being the convener thereof. A notification invit-
ing applications was published in the Gazette dated 27-2-1979 wherein the last 
date for receipt of application for the post graduate course in ophthalmology 
was set down as March 31, 1979. Candidates were considered on the basis of 
their merit, marks being allotted for various attributes including military service, 
membership of the Scheduled Castes and Tribes, and holding of medical dip-
lomas. The competitive marks provided for 10% to diploma holders in the 
D 
selection of candidates to M.S. and M.D. courses in the respective subjects or 
sub-specialities. 
The Kerala State provided a quota of 2 % of the total number of seats for 
candidates from the entire country minus Kerala. 
While clause 12 of the prospectus fro\Vned upon late and/ or defective 
applications, clause 13 provided that attested copies of the statement of marks 
E 
at each professional examination and 
those of other documents should be 
attached with every application. 
The Special Secretary to the State Government in a communication to the 
Selection Committee informed that as the result of the Diploma Course con-
ducted by the Medical College, Trivandrum would not be available before the 
la~ date for the receipt of applications, 10% weightage may be given to the 
concerned applicants, subject 'to the condition of production of the Diploma 
Certificate before finalisation of the selection to the post-graduate course. 
The number of seats for the post-graduate degree course in Ophthalmology 
available for the year 1979-80 was six of which one 
belonged to Schedule 
Caste/Scheduled Tribe candidate, another to a tutor working in a medical col-
lege. The State was left with four seats. 
In the Writ Petition, the High Court held that one of the students, Dr. 
Gopinathan Nair, was so meritorious that none challenged his admission, and 
that there was no inherent lacuna or illegality in the communication Ex P 3 
of the Special Secretary to the Selection Committee. Jn appeal, the Full Bench 
of the High Court, allowed the appeal holding that Ex P 3 cannot have the effect 
of over-riding the effect of clauses 12 and 13 of the prospectus and quashed the 
selections made on the basis of the rank list for admission. 
In the appeals to this Court on the question whether the 2% reservation 
for the entire country's candidate population from outside Kerala in the "Open 
Merit Pool", was valid, 
F 
G 
H 
A 
B 
D 
72 
SUPREME COURT REPORTS 
[1980] 3 S.C.R. 
HELD : l. Principled 
policy, consistent with 
constitutional 
imperatives 
(Articles 14 and 15) must guide admissions to courses in higher professional 
education but Governments and Universities, not infrequently take liberties with 
this larger obligation under provincial pressures and institutional compulsions 
and seek asylum in reluctant pragmatism mindless of hostility to oonstitution · 
a1ity. 
Nothing is more harrowing for the Court, with increasing litigation and 
thereby forced in to slow motion and unwilling to intervene in an administra-
tive area than to hamper the stategic stages of educational prcr..ess like admis-
sion andexaminations, but the Justice System cannot run- away from hea.ring and 
deciding questions of unconstitutionality, especially when educational authorities 
shape policies, change rules and make peace with the crisis of the hour, ignor-
ing the parameters· of the National Charter. 
Mistrust of Government, is viola· 
tive of comity between instrumentalities and is not permissil,)le unless substan-
ti!:lted by facts. 
Suspicion is the upas tree under whose shade reason fails and 
justice dies. High Court has thrown the academic year in post-graduate Opthal-
mology into disarray and even wastage. [74 F-H, 77 G-H] 
2. Welfare-orie

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