NISHI MAGHU ETC. ETC versus STATE OF JAMMU AND KASHMIR AND ORS.

Citation: [1980] 3 S.C.R. 1253 · Decided: 09-05-1980 · Supreme Court of India · Bench: A.C. GUPTA · Disposal: Case Allowed

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

Judgment (excerpt)

.. 
1253 
NISHI MAOHU ETC. ETC. 
l. 
, 
STATE OF JAMMU AND KASHMIR AND ORS. 
May 9, 1980 
[A. C. GUPTA, S. MVRTAZA FAZAL ALI AND P. S. KAILASA.'11'., JJ.J 
Selecrion t>f candidates admitted to 
the: 
G01•ernment 
Medical 
College, 
Jan1mu-Whe1her the notifications issued by the Government of Jammu and 
Kashmir indicating different categories under clause (2) and earmiirking seats 
arbitrary and unconstitutional-Articles 14 and· 15 of the Consti~ution--lnter­
view method of selection whether a valid test. 
The selection of ca.ndidates admitted to the Government Medical College, 
J ammu are to be made in accordance with the manner and procedure laid down 
in the various· orders issued by the Government of J ammu; and Kashmir from 
time to time. The earliest order made on July 9, 1973 concerns admission t6 
technical institutions which include medical colleges and says that ''the man 
power requirements of various parts, of the State have not received unifc-nn and 
equal treatment with the result that there has been imbalance in the· development 
of human resources in these parts", and "since the admissions to technical insti-
tutions also lead to the development of human resources'~, it had, 
therefore, 
"become necessary to provide equal opportunities· to the 
permanent 
residen~ 
candidates of all parts of the State and all sections of the. society,'. Asi per this 
order 50% of the seats were eMmarked for selection on open competition, 
25% of the seats were reserved for candidates belonging to the categories 
specified in clause (2) of the order according to the percentage indicated 
against each. It was further provided in the order that after selection, as above,,: 
the remaining 25 % of the seats "should be filled on the basis: of inter se merit 
to ensure rectification of imbalance in the admissions for various parts of the 
State, if any~ so as to give equitabler and uniform treatment to those parts". In 
case there. was no ''visible imbalance" or where no candidates were available under 
a particular category mentioned in clause (2) above the seats earmarked under 
these two heads "shall be added to the percentage under [clause] I above". The 
annexure to the order contained instructions concerning the "idenUfication of 
th.e persons claiming benefit" under cJause 2 of the order and "the procedure 
connected therewith". The instructions defined the different categories men· 
tioned in clause (2) : 
"Areas adjoining actual line of control-Candidates permanently 
A 
B 
c 
D 
E 
F 
residing in any village of the' State specified in Appendix I to these' 
G 
instructions''. 
"Bad pockets-Candidates permanently residing in any village of 
the State specified in Appendix Il to these instructions". 
"Social Castes-Candidates of the State belonging to any of the 
castes indicated in Appendix Ill to these instructions". 
The instructions also provided for the issue of a certificate by tho concerned 
authority stating that a candidate fell under any of the categories. 
H 
A 
B 
c 
D 
E 
F 
G 
1254 
SUPREME COURT REPORTS 
[1980] 3 s.c.R. 
on June 27, 1974 another order was issued refixing the percentage of seats 
reserved for the different categories "with a view to affording more accommo-o 
dation for open merit". Open merit perc.entage was increased to 60, by reduc-
ing by 5 % the percentage of seats allotted for children of freedom fighters and 
by reducing the percentage of seats of 25% earmarked to ensure "rectification of 
imbalance" from 25% to 20%. 3% of seats reserved for 
candidates 
from 
areas known as. bad pockets which included Ladakh under the category "socially 
and educationally backward classes" was reduced to 1 t;O and the resultant diff~­
rence of 2% was earmarked to candidates from Ladakh which was 
excluded 
from the above category. By another order dated April 21, 1976, the existing 
reservation of 20% for meeting regional imbalance \V<i.'S reduced to I 8 'lo and 
the .. resultant 2 % vacancies earmarked for candidates possessing 
outstanding 
proficiency in sports". An order made on April 16, 1976 earmarked. 10 seats 
at the Governn1ent Medical College, Jammu, for girl students "subject to enough 
girl students being found otherwise suitable''. The ordeii also laid do·wn 
the 
procedure to be followed by the selection committee in selecting cand!dates fer 
admission to technical training course. 
By this order, comparative performnnce 
Qf the candidates at an interview to be; conducted for the purp

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