Javid Rasool Bhat & Ors. Etc vs State Of Jammu & Kashmir And Ors on 16 February, 1984 – Case Summary

In the case of Javid Rasool Bhat & Ors. Etc vs State Of Jammu & Kashmir And Ors on 16 February, 1984, the Supreme Court of India was called upon to adjudicate on a dispute concerning the selection of candidates for admission to the first year MBBS course in the two medical colleges in the State of Jammu & Kashmir. The case was presided over by Justice O. Chinnappa Reddy.

Facts of the Case

The State Government had issued an advertisement inviting applications for admission to the first year MBBS course in the two medical colleges in the State. The selection process involved a written test followed by a Viva-voce test, with 85 points allocated for the written test and 15 points for the Viva-voce test. The Selection Committee for the selection was constituted to consist of the Chairman of the State Public Service Commission as Chairman, and two members, the Principals of the two Medical Colleges.

One of the members, the Principal of one of the colleges, had a daughter who was one of the candidates. He informed the Committee that he would not be associated with the written test or be present when his daughter was interviewed. The Committee accepted this suggestion.

Issues Raised

The petitioners questioned the selection of candidates for admission on several grounds. They contended that the entire selection was vitiated by the presence on the Committee of the father of a candidate, which was a gross violation of one of the principles of natural justice. They also argued that the procedure was flawed as the marks obtained by the candidates at the qualifying examination were not taken into account and not given any weightage. They further argued that the viva-voce test provided for 7 points for general knowledge and general intelligence, which they believed should have been tested in a written test instead.

Court’s Observations

The court dismissed the writ petition, finding no substance in the allegations made by the petitioners. The court held that it was not unusual for candidates related to members of the Service Commission or other Selection Committee to seek employment. The court also held that it was not for the court to sit in judgment over the nature of the questions to be put by the members of the Selection Committee.

The court further held that the question as to the subjects in which an entrance test may be held is hardly a matter for the court, unless the subjects are so arbitrarily chosen as to have not the slightest connection with the object of the examination. The court also held that it was a matter for the Selection Committee to decide whether general knowledge and general intelligence could be more appropriately tested in the viva-voce test or in the written test.

The court also dismissed the allegation that there was a delay in the announcement of the results, and the suspicion, if any, was unfounded. The court also held that the regulation of the Indian Medical Council prescribing that the marks obtained at the qualifying examination should be taken into consideration has no application because there are two Medical colleges in the state.

Conclusion

The court concluded that the procedure adopted by the Selection Committee and the member concerned was in accord with the quite well-known and generally accepted procedure adopted by the Public Service Commissions everywhere. The court also held that the experts are generally the best judges and the court’s duty lies in preventing arbitrariness and denial of equal opportunity.