RAJIV KAPOOR AND ORS. versus STATE OF HARYANA AND ORS.

Citation: [2000] 2 S.C.R. 629 · Decided: 28-03-2000 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Appeal(s) allowed

Judgment (excerpt)

RAJIV KAPOOR AND ORS. 
A 
v. 
STATE OF HARYANA AND ORS. 
MARCH 28, 2000 
[DR. A.S. ANAND, CJ, R.C. LAHOTI AND DORAISWAMY RAJU, JJ.] 
B 
Education-Higher Education-Admission to Medical College-Haryana 
Civil Medical Service Candidates-Seats reserved for admission to Post-
Graduate Degree and Diploma Courses in Medicine in B.D. Shanna Post-
Graduate Institute of Medical Sciences-Admissions for academic session 
C 
1997-Prospectus of University providing for entrance test and preparation of 
merit list at two mul a half times the seats available in each category-
Haryana Government Orders dated 20.3.1996 and 21.3.1997 providing that 
apart from obtaining qualifying marks, merits of cmulidates to be considered 
by Selection Committee keeping in view their experience, rural service, annual 
D 
confidential reports etc.-Orders forwarded to University to make necessary 
entries in Prospectus-Writ petitions claiming admission on the basis of merit 
in entrance test alone as said to have been promulgated by prospectus-
Allowed by High Court-Admissions made as per High Cou.rt Orders-Held, 
Prospectus as well as Government Orders to be construed in such a manner 
that inter se merits of service candidates are properly assessed on the basis 
of their credentials and peifomiance in service and not merely 011 theoretical 
knowledge of the subject-Govemment orders in this regard cannot be 
overlooked-Directions given to Government and University to take appropri-
E 
ate j;feps before inviting applications-However, admissions made as per High 
Court Orders not interfered with-Appellants entitled to cost from University. 
F 
Writ petitions were filed before the Punjab & Haryana High Court 
challenging admissions to Post-Graduate Degree and Diploma courses in 
Medicine against the seats reserved for the Haryana Civil Medical Service 
(HCMS) candidates for academic session 1997 in Pt. B.D. Sharma Post-
G 
Graduate Institute of Medical Sciences affiliated to Maharishi Dayanand 
University. The writ petitioners contended before the High Court that as 
per the norms and criteria laid down in the Prospectus issued by the 
University, selection for admission could be made only on the basis of 
marks obtained by candidates in the entrance examination. The case of the 
629 
H 
A 
B 
c 
630 
SUPREME COURT REPOIITS 
(2000) 2 S.C.R. 
selected candidates and the State Government was that the marks obtained 
in the entrance examination only entitled the candidates to be called for 
interview for admission, and the final selection of the HCMS candidates 
against the reserved seats was required to be made by the Selection Com-
mittee constituted for the purpose on the basis of the specified criteria 
stipulated by the Government from time to time, based on the academic 
career, experience, rural service, annual confidential reports and marks 
obtained at the interview. The High Court allowed the writ petitions, 
directed cancellation of the admission given to the selected candidates and 
directed to admit within the stipulated time the HCMS candidates only on 
_the basis of merit as per marks obtained in the written entrance examina-
tion. Aggrieved, the affected eandidates f"ded the present appeals. 
Allowing the appeals in part, the Court 
HELD 1.1. The High Court fell into a serious error in sustaining the 
claim of the petitioners before it that selection and admission for the course 
D 
in question have to be only in terms of the stipulations contained in Chapter 
V of the Prospectus issued by the University. It cannot be said that the 
Government had no authority to issue any directions laying down any 
criteria other than the one contained in the Prospectus and that the marks 
obtained in the Written Entrance Examination alone constituted proper 
E 
assessment of the merit performance of the candidates applying for selec-
tion and admission. (634-G] 
F 
G 
Amar Deep Singh Sahota v. State of Prmjab, Etc., (1993) 2 PLR 212, 
distinguished. 
1.2. So far as HCMS candidates are concerned, the Prospectus as well 
as the orders of Government have to be construed in such a manner that 
the inter se merits of the service candidates are properly aSsessed on the 
~ 
of their credentials and performance in service and not merely of 
theoretical knowledge of the subject as in the case of non-service candidates 
belonging to the other categories. The High Court omitted to notice the fact 
that the Government orders dated 20.3.96 and 21.2.97 passed in conti

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