LexJAVED RASOOL BHAT & ORS. ETC versus STATE OF JAMMU & KASHMIR AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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JA:VfD RASOOL- BHAT & ORS; ETC.
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-STATE OF JAMMU &'KAS!-lMJR AND ORS.
February 16, 1984
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(0. CH!NNAPPA REDD¥, E.S. VEN](AJ:ARAMIAH AND R:B. MJSRA,JJ.].
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EducationaJ. lnstitutions-Adniisston to .
. M;dical. Colleges-AJn1ission to-Viva vote ·1est-W!ieti1er Court Could io .into
relewu.1cy of q~iestions ·pu1'o candidates.
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Nat,ura/justice: .Medical Col/eges-Ad111ission·to_:_Ca11did.tte ~elated to M~rnber
of Selection Com11litee-SeleCtlo11 whethei vitia(ed.
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The' State Governtnent issued an adveitiS111ent _inviting. application for ac!mis·
sion -to t)le fir.st year MBBS- course in the two medical· colleges in'.the State. Jt
·.Was nlentio'ned therein that the candidates would have to appear in- a written'tcst
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would be followed by a ViYa·voce test and that 85 points were _allowed for
thewritten test 'and 15 pOints -were Viva·voce test. The 'SeleCtion co·n1mittec for
the selection. was constitut.cd t_o conSist of the Chah·n1p.n of the State. Public, Servi-
ce Co1nmissi'on as Chainnan; and two members. vii., the Principals of the two
-Medicil Colleges .. The quorun1 for a nJeeting of the Cori1111ittee was stipulated as
the ·chair.man and .one me1nber. When the Selection Corrimittce held its· -first n1eet·
i.ng Orle Or the· 1n~nbJrs, thC Principal of the College inforn1cd the~ Com'1nittee that
as his daughti::r was one of the cartdidates con1peting for adn1ission, it' would nOt
· be desirabl~ for him to bC associated, at ~ny stage, with the wrlttcn test, arid that
he, would not like to be preseht when liis.dauli~htcr \Vas· interviewed>The Com1nittce
took'note of ih_e inform<j.tiorl and agreed with the suggeStion ...
. The petitioners in their writ petitions under Article 32, questioned the seleCt·
· ion'ofcani:lidates for admission: It -was .. contendcd·oi1 their behalf that.: (l)~the
entire selection_ was vitiated by th(: prescrice ·on the Comi:nittee· of the father of a
· caddida.t~, and this was a 'gross violatiOn of one the .principles of najural Justice :
(2) the entire procedure was ~ad as the marks obtained by the candidates at the
qualifying examination (T.DC.:_~art I Medical group) were not taken into account
and 'not giVen any We_ight3.ge; (3) the· viva.....:.....voce test· provided for 1- points for
. general kno"'.ledge and general 'inteIIi£-ei:iSe whereas it \\{ould have been_ mOre appro-
. priate to test general knowlege· ail(( general ii,telligencc' of t;andidate ·by holding..·
a written instead of a viva-voce· test;. (4f gerieral knowledge and general · intelli-
gence ~ere not matters to be tested in a written exaininatiOn; ·(5) there . w_as delay in
the-annOuncement of the results and the delay made the seICction suspect, and (6)
the · regulaiionS made by the ,Indian Medical' Councii prescribed .thilt the marks
obtained· in the -qualifying examination Should be taken in to Conside1ation.
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:DismiSsing the writ petition ;
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HELD: 1. I{ is not unusual for Candidates.related to inembers ·ofthCService
Commissiou. or othe'r Selecticin Committee t~ se~k . elnp~~yrneu~ .. -_Whenever St1ch a
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I.AVID RASOOL.V._J & K S~ATE (Chinnappa Rei/4y,_J.)
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situ~tion arises, the' praCtice genreally is for,the' n1en1ber concerned io.·ex~use himstlf
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.wlreii'thc parti'cular candjdate·is interVieWed.
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Iri the iristant cas~, .the Pri~cipa[ of th~·. Medic~l ·college, wf1osc d~Ughter
Was a canOfctai~ for adffiission ·to the Medical College .informed the Selection
Committee at the very outset about fhis f<Lct 3.nct told theQl that · h~ woUJd 'not·
··have anything to do ·with the written·test and woul.i not be present When his
daughter ~as inierviewect.-." The other members' -of ·the Selection COmtrtittee
~cepted th'C sugges'tion Of the PrinciPal\ and did not addrc;:ss · the G.overnm~nt
'to appoint a sllbstitute ·member of the Selection. Committee, since ihc Govern-'
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ment had :(ixcid ·the ·quor
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um -for a meeting of t~e Selection Committee, as_tbe
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Chairman and one o her member and it was possible to have a qudru_m ·
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without ihe Pfincipal. · The procedure adopted by the SeleetiOn · Cornri::iitteC aod ·
~ ... - ' the. !member' eonCerned was -m. accord with. the quite well-known.and generally
accepted procedure adoptCd by the Public- Service Coihmissions 'everywhere.
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