STATE OF BIHAR AND ORS. versus M.NEETHI CHANDRA, ETC. ETC.

Citation: [1996] SUPP. 5 S.C.R. 696 · Decided: 10-09-1996 · Supreme Court of India · Bench: A.M. AHMADI, S.C. SEN · Disposal: Disposed off
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
B 
STATE OF BIHAR AND ORS. 
v. 
M.NEETHICHANDRA,ETC.ETC. 
SEPTEMBER 10, 1996 
[A.M. AHMADI, C.J. AND S.C. SEN, J.] 
,, 
' 
Education : Higher Education-Admission to professional cour-
ses-Medical Colleges-Mode of allotment of seats in various branches of the 
C Post-graduate medical courses-Provisions for reservation of seats for the 
zmder-plivileged sections-Procedure adopted for allotment challenged-Can-
didates selected 011 the basis of me1it not to be adjusted against reserved 
quota-Some candidates in the rese1ved catego1ies found themselves in a 
disadvantageous position-F ornwla devised by Patna H. C. to remove 
anomalies-The f on11ula, it followed, will result in admission being given to 
D all the students of rese1ved catego1y who have secured mininmm marks, 
though there may not be adequate number of seats-Hence fon11u/a evoked 
by the H. C. stmck down-Constitution of India-A1tic/es 14 and 16. 
The Government of Bihar, Department of Personnel and Ad· 
ministrative Reforms published a resolution, providing for reservation for 
E the under privileged sections in the Professional Training Institutes. Para· 
graph 6 of the Resolution provided that the candidates selected on the 
basis of. merit for admission into Professional Training Institutes would 
not be adjusted against tile reserved quota. It appears that because of Para 
6 of the Resolution, some candidates in the reserved categories found 
F 
themselves in a disadvantageous position. They approached the High 
Court by way of writ petitioners. To remove the anomalies, the High Court 
devised a method of allotment of seats by which the reserved seats would 
be offered first (i.e. before the general seats are filed) to the candidates of 
the reserved category on merit, and after all the reserved seats are so filled 
up, all the other qualifying candidates of the reserved categmy would be 
G "adjusted" against open seats in the general category along with the general 
Merit candidates and oll!'ered seats on merit-cum-choice basis. 
In appeal to this Court, the State of Bihar contended that if the 
method suggested by the High Court is followed, all students of reserved 
H category who have secured the minimum marks will have to be admitted 
696 
'
' 
\ 
STATE v. M. NEETI-ll CHANDRA 
697 
even though there may not be adequate number of vacancies for them. A 
Another grievance against the judgment expressed by the State was that 
the students placed at the .bottom of the respective reserved categories will 
be placed in the College of last choice and thus all such students will find 
themselves in one College which will be arbitrary and violative of Articles 
14 and 16 of the Constitution. 
Disposing of the appeal, this Court 
HELD : 1. The High Court did not take note of the eventuality in 
which the number of reserved category candidates who qualify on the basis 
B 
of minimum marks may far exceed the number of seats reserved for them. C 
In a particular year, the number of such candidates may be much 
larger and thus the method evolved by the High Court may create much 
hardship. The method will also not be in tune with the principles of 
equality. Hence the method evolved by the High Court will have to be 
struck down. (701-B; 702-E-F) 
D 
2. The choice of subject as well as ·college will always be different for 
different students and this difference will exist even for those at the end 
of the list and in respect of their last choice. Even if such situation does 
arise, the same cannot be said to be violative of Articles 14. and 16. The 
judglnent of the High Court is set aside. In any case, the operation of the E 
circular No. 20 does not make the situation any different. (703-C-D] 
3. However, the girls qualifying on merit for general candidates be 
given an option to be treated as general candidates for the purpose of 
allotment of seat and only if they so opt can the circular No. 20. be given F 
effect to. Further directions, if required, may be obtained from the High 
Court in the light of the present judgment of this Court. (704-C] 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 11826-29 
of 1996 Etc. 
From the Judgment and Order dated 15.12.94 of the Patna High 
Court in C.W.J.C. Nos. 911, 933, 1081 and 1140 of 1994. 
B.B. Singh for the Appellants. 
The Judgment of the Court was delivered by 
G 
H 
698 
SUPREME COURT REPORTS [1996) SUPP. 5 S.C.R. 
A 
AHMADI, CJ. SLP (Civil) Nos. 8175-78 of 1995 . 
. ;i' 
Special leave granted. 
., 
This ci
Excerpt shown. Read the full judgment & AI analysis in Lexace.