http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 4  

PETITIONER: DR. MUNEEB UL REHMAN HAROON AND ORS.

       Vs.

RESPONDENT: GOVERNMENT OF JAMMU AND KASHMIR STATE AND ORS.

DATE OF JUDGMENT13/08/1984

BENCH: CHANDRACHUD, Y.V. ((CJ) BENCH: CHANDRACHUD, Y.V. ((CJ) VARADARAJAN, A. (J) SEN, AMARENDRA NATH (J)

CITATION:  1984 AIR 1585            1985 SCR  (1) 344  1984 SCC  (4)  24        1984 SCALE  (2)180

ACT:      Constitution of India 1950, Articles 14 and 19      Medical Colleges-No  admissions made  to  Post-Graduate medical course  for three  consecutive  semesters-Action  of authorities whether  arbitrary and  violative of fundamental rights.      Practice   and    Procedure-Mala   fides-Plea   of-Bald assertion in writ petition-Insufficient-Specific facts to be alleged.

HEADNOTE:      The petitioners  in the  writ  petitions  were  medical graduates who  applied for  admission to  the  Post-graduate course in  the Medical  College, Srinagar  for the  semester beginning in  July 1970,  appeared for  an entrance test but the result  was not  declared officially.  They contended in their writ  petitions that  the refusal of the Government to admit any  student at  all for  the Post-Graduate course for the three  semesters which  commenced in July 1980, November 1980 and  July 1981  was violative of the fundamental rights guaranteed under  Articles 14  and 19  of the  Constitution, besides being mala fide.      The  State  Government  contested  the  writ  petitions contending that  the rules  which were in operation in July, 1980  governing   admission  to  the  Post-Graduate  Medical Course, were prejudicial to the interests of the students of Jammu Medical  College and  were to an extent discriminatory and that  was why  no admissions  were made to the July 1980 semester, that  the amendment of the rules of admission were initiated so  as  to  bring  them  in  conformity  with  the requirements of  the Constitution, and that this took a long period of 18 months.      Dismissing the writ petitions, 345 ^      HELD :  There is no violation of any of the fundamental rights of  the petitioners  nor is  the action  of the State authorities arbitrary or mala fide. [348C]      Mala fides  cannot be  assumed  while  dealing  with  a question which  has far-reaching  consequences. No  specific facts have  been alleged on the basis of which a finding can

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 4  

be recorded  that the  decision not  to admit any student at all for  three consecutive  semesters was actuated by a mala fide intention on the part of the State Government. There is only a bald assertion in the writ petitions that a total ban was placed  on admission  to the three consecutive semesters in order to favour some persons. [347H-348A]      In the instant case, until the year 1973 there was only one Medical  College in  the State of Jammu & Kashmir, which was at Srinagar. The Medical College at Jammu was started in 1973. The  Jammu Medical College was affiliated to the Jammu University while the Srinagar Medical College was affiliated to Kashmir  University. The statutes of Jammu University did not correspond to the statutes of the Kashmir University for admission  to  the  Post-graduate  course,  thereby  causing discrimination   in   favour   of   those   fulfilling   the requirements under the statutes of the Kashmir University as against those  eligible under  the  statutes  of  the  Jammu University. That  was why,  the State Government had to take action for  curing the  defects which  were inherent  in the prevailing procedure  for  selection  to  the  Post-Graduate Medical Course  in the  two medical  colleges.  The  Kashmir University statute was amended so as to introduce uniformity in the rules of admission. According to clause 3 of the 1980 Notice of  Admission, it was necessary for the candidates to have completed  one  year’s  Compulsory  House  Job  in  the concerned speciality,  as provided  in the  statutes of  the Kashmir University.  Under the amended provisions which came into force  in 1981  candidates had  to complete one years’s House Job  in a  recognised  institution  in  the  concerned subject or  six months’  House Job  in the concerned subject and six  months’ House Job in an allied subject. The amended rule conforms  to the rule which prevailed in other parts of the country  and was  in accordance  with recommendations of the Medical Council of India. [347C-G]

JUDGMENT:      ORIGINAL JURISDICTION  : Writ  Petition No. 1742 & 3129 of 1981.      Under article 32 of the Constitution of India.      Vimal Dave for the Petitioner. 346      Altaf Ahmed for the Respondent.      The Judgment of the Court was delivered by      CHANDRACHUD,  J.   These   Writ   Petitions   are   not maintainable under  article 32  of the  Constitution because they do  not involve  the violation of any fundamental right of the petitioners. The petitioners applied for admission to the Medical  College, Srinagar, for the Post-graduate Course of the Kashmir University for the semester beginning in July 1980. They  appeared for  an entrance test but the result of that test  was not declared officially. The petitioners seem to possess  information to  the effect,  and  they  have  so alleged in  their petitions, that they have passed the test. No admissions were made either to the July, 1980 semester or to the  two following  semesters beginning in November, 1980 and July  1981. An  entrance test  was held for admission to the semester  beginning in  November 1981  and the result of the test  has been announced. We are informed that 16 out of 17 petitioners in these two Writ Petitions appeared for that test.      There is  a vague  averment in  the petitions  that the refusal of  the Government  to admit  any student at all for the July,  1980 semester  is violative  of the  petitioners’

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 4  

fundamental  rights   under  articles   14  and  19  of  the Constitution and  is also  mala fide.  We are  unable to see how. The  petitioners have  not been  picked and  chosen for hostile  treatment   as  compared   with  other   candidates similarly circumstanced. They are also not deprived of their right to  practise  any  profession,  or  to  carry  on  any occupation. They are all qualified doctors, they have passed their M.B.B.S. examination, almost all of them have appeared for the  entrance test  held for the November, 1981 semester and they are all serving and practising as doctors.      Shri  T.U.   Mehta,  who   appears  on  behalf  of  the petitioners,  says   that  the  wholesale  non-admission  of students to  the Postgraduate Course for the three semesters which commenced  in July  1980, November, 1980 and July 1981 is an  arbitrary act  which offends against the guarantee of fairness implicit  in article  14. The  answer of  the State Government is that the rules which were in operation in July 1980,  governing  admission  to  the  Post-graduate  Medical Course, were prejudicial to the interests of the students of the  Jammu   Medical  College   and  were,   to  an  extent, discriminatory. That  is why, no admissions were made to the July 1980 semester. 347 There is  apparently no  reason for doubting the veracity of this explanation though, we do not know why the amendment of the rules  of admission,  so as  to bring them in conformity with the  requirements of  the Constitution, took as long as 18 months.  The red-tape  correspondence between  the Health Department  Commissioner,  the  Principal  of  the  Srinagar Medical  College,   the  Vice-Chancellor   of  the   Kashmir University and the Ministry of Health consumed a long time.      Until the year 1973, there was only one Medical College in the  State of Jammu & Kashmir, which was at Srinagar. The Medical College  at Jammu  was started  in 1973.  The  Jammu Medical College  is affiliated to the Jammu University while the Srinagar  Medical College  is affiliated  to the Kashmir University.  The   statutes  of  Jammu  University  did  not correspond to  the statutes  of the  Kashmir University  for admission  to  the  post-graduate  course,  thereby  causing discrimination   in   favour   of   those   fulfilling   the requirements under  statutes of  the Kashmir  University  as against those  eligible under  the  statutes  of  the  Jammu University. With  more and  more candidates  from the  Jammu Medical College becoming eligible for selection to the post- graduate  medical   course,  the   discriminatory  procedure prescribed by  the statutes of the Kashmir University became conspicuous. That  is why  the State  Government had to take action for  curing the  defects which  were inherent  in the prevailing procedure  for  selection  to  the  post-graduate medical course  in the  two medical  colleges.  The  Kashmir University statute was amended so as to introduce uniformity in the rules of admission. According to clause 3 of the 1980 Notice of  Admission, it was necessary for the candidates to have completed  one  year’s  Compulsory  House  Job  in  the concerned speciality,  as provided  in the  statutes of  the Kashmir University.  Under the  amended provision which came into force  in 1981,  candidates have to complete one year’s House Job  in a  recognised  institution  in  the  concerned subject or  six months’  House Job  in the concerned subject and six  months’ House Job in an allied subject. The amended rule conforms  to the  rule which prevails in other parts of the country and is in accordance with the recommendations of the Medical Council of India.      In so far as the allegation of mala fides is concerned, no specific facts have been alleged on the basis of which we

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 4  

can record  a finding  that the  decision not  to admit  any students at all for three consecutive semesters was actuated by a mala fide intention on the 348 part of  the State  Government. There is a bald assertion in the Writ  Petitions that a total ban was placed on admission to the  three consecutive  semesters in order to favour some persons. Who  those persons  are we  do not  know. How  they stood to  gain by  a tota  ban on  admissions to  the  post- graduate course  for a  year and  half is not clear. And, we cannot assume  which dealing  with a question which has such far reaching  consequences as  the question  of mala  fides, that the  State Government  had some  particular persons  in mind, to  favour whom,  every one of the students was denied the benefit  of post-graduate  education.  How,  by  denying admission to  all, favour was shown to a few is difficult to understand, especially  when those  few  favourites  are  in obscurity and remain unidentified.      Since there  is no  violation of any of the fundamental rights of  the petitioners,  nor indeed is the action of the State authorities arbitrary or mala fide, the petitions must fail and are dismissed. There will be no order as to costs. N.V.K.                                  Petitions dismissed. 349