Kuldip Singh JUDGMENT
Kuldip Singh, J.
1. Special leave is granted in all these petitions.
2. The selection to the MBBS/BDS course for the session 1988-89 in the two Government medical colleges of Jammu and Kashmir has been set aside in a bunch of writ petitions by a Division Bench of Jammu and Kashmir High Court on the following grounds : -
(i) The selection was not held in accordance with the directions of the said court given in an earlier case Jyotshana Sharma v. State of Jammu and Kashmir, decided on 17th of April, 1989 (hereinafter called Jyotshana Sharma's case). In that case the High Court directed the State Government to entrust the selection process of the two medical colleges to a statutory independent body and till that was done the State Government should entrust the process of selection to such a body which was to be free from executive influence. No statutory body was constituted and hence according to the High Court the selection made by any other authority was in violation of the directions of the High Court and as such bad in law.
(ii) The selection was not held by the competent authority as constituted by the order of the High Court dated IVth of October, 1988. Under the said order, competent authority, was to consist of three persons. According to the High Court all the three persons never met and all of them never scrutinised the cases of the candidates who appeared in the entrance examination and ' viva voce and as such the selection was invalid.
3. The State of Jammu and Kashmir and the selected candidates have challenged the above judgment of the High Court in these appeals. Some of the unsuccessful petitioners before the High Court have also raised various additional grounds of challenge to the selection.
4. Although various arguments have been advanced by the learned Counsel for the parties which we propose to examine but the primary question for consideration in these appeals is whether the High Court has the competence to issue directions to the State Government to constitute "Statutory Body" for selections to medical colleges and whether the selection made by any other authority is invalid on that ground alone.
5. The necessary facts to understand the controversy are as under : -
Jyotshana Sharma and a number of other unsuccessful candidates for admission to the two medical colleges of Jammu and Kashmir for the year 1986-87 challenged the selection by way of large number of writ petitions. A Division Bench of the High Court by its judgment dated 17th April, 1987 upheld the selection in general but allowed some individual writ petitions on different grounds. The Bench, after adjudicating upon the points involved in the writ petitions, made the following observations : -
Before parting with these writ petitions, we would like to say something about the process of selection and about the safeguards required to be made by the authorities about the reservation of some categories.
In future State Government shall entrust the select........