JUDGMENT G. C. Bharuka, J. These two writ applications have been filed by the petitioners for a writ of mandamus directing the Respondents to adhere to the policy of placement of the candidates in particular medical colleges in accordance with the policy professed under clause 27 of the prospectus for admission in respect of Medical and Dental Admission Test Bihar 1992 (In short M.D.A.T.) 2. The M. D. A. T. was held by the State Govt. for taking admission of the candidates in the first year M.B.B.S. course of eight Government Medical Colleges and one Dental College, which are located in the different town of Bihar. Admittedly the petitioners have successfully passed the said test purely on merit. In their application form, they had given their preference for Patna Medical College but instead of that, they have been allotted admission in the Nalanda Medical College According to the learned counsel for the petitioners, the action of the Respondents in placing them in Nalanda Medical College instead of Patna Medical College is in the teeth of Clause 27 of the prospectus, which clearly postulates that preference of the candidates will be considered on the basis of merit cum choice whereas the Respondents by ignoring the said principle with impunity and practising arbitrariness by adopting self evolved policy contrary to what was declared in the prospectus have denied the petitioner at their valuable and vested right of getting themselves admitted in College of their choice, It has been admitted that clause 27 is unambiguous in terms and is mandatory in nature. 3. Mr. Sahi learned counsel appearing for the Respondents on the other hand. has submitted that if Clause 27 is made applicable in the terms as it stands in Isolation with out reference to any other Clause of the prospectus then it is likely to create caste or group imbalances in the different Medical Colleges creating some sort of social problems and may lead to identifying a particular College as that for reserved category and another college as for unreserved category only, which may lead to anomalous situation. In support of his submission he has placed reliance on certain charts setting out the figures to show asto how the literal application of Clause 27 of the prospectus will lead to overwhelming admission of the general category candidates in Some of the Colleges as compared to reserve category candidates.
In support of his submission he has placed reliance on certain charts setting out the figures to show asto how the literal application of Clause 27 of the prospectus will lead to overwhelming admission of the general category candidates in Some of the Colleges as compared to reserve category candidates. Therefore, according to him to mitigate this situation, Clause 27 of the prospectus has to be read with Clause 32 and the reservation policy should be understood to be applicable College wise and not State-wise. Consequently, he submits that the reservation quotas provided under Clause 32 of the prospectus for the selection of the candidates has to be applied not only for the purpose of selection of candidates by preparing common list for all Medical and Dental Colleges also but same has to be applied for the placement of the candidates in individual Colleges 4. The preamble and clauses (1) and (32) of the prospectus for admission read as under: "Admission of students to the first year of the M.B.B.S. course of Patna Medical College, Patna. Darbhanga Medical College, Laheriasarai, Rajendra Medical College, Ranchi, J. N. Medical College, Bhagalpur, M.G.M. Medical College, Jamshedpur. S.K. Medical College, Muzaffarpur, Nalanda Medical College Patna, A.N. Magadh Medical College, Gaya, Patliputra Medical College, Dhanbad and 1st year B.D.S. Course of Patna Dental College, Patna. (1) Candidates for admission to the 1st year M.B.B.S. course and to the 1st years B.D.S. course shall have to appear at a competitive test and will be selected for admission to the above courses on the basis of merit according to the results of the test. They have to secure at least 50% marks at the test (Scheduled Caste/Tribe candidates have to secure at least 40% marks). 32 (a) In all Medical Colleges of Bihar a total of 580 seats are available for admission. In Patna Dental College 15 seats are available for admission. The seats include reserved scats also. The seats may be reduced without notice. (b) 15% of the total seats will be filled up on the basis of All India Competition held by Govt. of India C.S.S.E. (c) Of the remaining seats following reservation will be done as per decision of the Government. There will be no economic criteria for the reservation Scheduled casts -14% Scheduled Tribe - 10% Extremly backward class - 14/.
(b) 15% of the total seats will be filled up on the basis of All India Competition held by Govt. of India C.S.S.E. (c) Of the remaining seats following reservation will be done as per decision of the Government. There will be no economic criteria for the reservation Scheduled casts -14% Scheduled Tribe - 10% Extremly backward class - 14/. Backward class - 9% Ladies - 3% Castes will be decided as per Approved SC/ST/BC I/BC II list of Bihar Government. 5. From the preamble and the above quoted Clause, it is clear that the admission test in question was a combined test for all the Colleges and the selection of the candidates for admission to the courses of study was to be made on the basis of merits subject to the reservation policy laid down under clause 32 of the prospectus. The reservation policy is clearly for the admission to the courses of studies, neither clause 32 nor any other stipulation in the prospectus provides that the said reservation policy will also apply in respect of placement of the candidates in a particular College. The question of placement of a particular candidate in a particular College will arise only after he has been selected to the courses of studies. The policy with regard to the placement of a candidate in a particular College has been laid down under clause 27 of the prospectus, which reads as under : 27. Preference of candidates for particular college (s) will be obtained at the time of scrutiny of documents and will be decided on the basis of merit cum choice. No change of preference will be allowed after the scrutiny of documents. Therefore, on a bare reading of clause 27, which does not admit of any second interpretation and is absolutely clean in its interment shows that the candidates will be placed in a particular College purely on the basis of merit cum choice. Clause 27 of the prospectus nowhere says that in the matter of placement of students in a particular College also there will be any sort of reservation policy. The validity of clause 27 of the prospectus has not been challenged before us.
Clause 27 of the prospectus nowhere says that in the matter of placement of students in a particular College also there will be any sort of reservation policy. The validity of clause 27 of the prospectus has not been challenged before us. In my opinion, only because the application of clause 27 will result in permitting good .number of meritorious students in a particular institution, per se, can not be said to be in any way bad or unconstitutional. Adoption of reservation policy for giving opportunity of better education to socially backward classes is our recognised constitutional policy but to stretch it further to confer the unfounded apprehension of group rivalries in educational institution imparting higher education is wholly unwarranted and the policy makers should dater from over-playing on this score. Such considerations may give rise to such things which are presently negligible in our institutions of higher learning. 6. I am clearly of the view that adherence to the declared policy should he always insisted upon unless the situation is so compelling that such courses would lead to parable Injury either individually or constitutionally. it is one of the mandates of article 14 of the Constitution that Government actions should be practicable so that they may ensure fair play-Any deviation from the declared policy at the executive fiat except in accordance with law is impermissible. If the policy is violative of any constitutional requirement then the policy itself can be declared as invalid as being unconstitutional. But this is not the situation here. The provisions contained under clause 27 of the prospectus has not been challenged before us on the touch stone of any Constitutional mandate. If the Respondents feel that some change in the policy is needed even with regard to the placement of the candidates in a particular College, the same can be declared in the prospectus of future admission test. 7. In the above view of the matter, I am of the view that the Respondents are bound to place the petitioners in a Medical College, keeping in view the basis are laid down under clause 27 of the prospectus. 8. The writ applications are accordingly allowed. However there shall be no order as to costs. I agree. Application allowed.