Holding

The Supreme Court held that the admission procedures ordered by the High Court are inconsistent with its earlier directives and therefore a fresh, law‑compliant admission process—including a common entrance examination and without arbitrary residency or viva‑voce weightage—must be instituted.

Summary

The Shri Chander Chinar Bada Akhara Udasin Society established a private medical college but the Jammu & Kashmir Government failed to frame admission guidelines. Students filed a writ petition; the High Court single judge formed a committee that selected candidates via oral interviews and a short time‑table, which the Division Bench later stayed, directing a common viva‑voce exam with 75% weight to academics and 25% to viva‑voce, and imposing a permanent‑resident requirement. The Supreme Court held that both the single judge’s and the Division Bench’s procedures were inconsistent with its earlier directives in Unnikrishnan and related cases, noting the arbitrariness of the schedule, the unjustified viva‑voce weightage, and the residency condition. It ordered a fresh advertisement and admission process in conformity with Supreme Court law, requiring a common entrance examination and rejecting the 25% viva‑voce allocation. On equitable grounds, the Court declined to validate the ad‑hoc admissions already made, directing the society and the State to comply with the proper procedure. The appeals were dismissed.

Issues considered

The validity of the High Court's admission procedure in light of Supreme Court directives on private medical college admissions.
Whether a common entrance written examination is mandatory for admissions to private medical colleges.
The propriety of assigning 25% weightage to viva‑voce examinations in the selection process.
The legality of imposing a permanent‑resident of Jammu & Kashmir requirement for candidates.
The permissibility of the arbitrary time‑schedule and short‑notice admissions adopted by the High Court.
Whether equitable considerations can legitimize an admission process not sanctioned by law.

Subjects

medical educationprivate medical collegeadmission procedurecommon entrance examinationresidency requirementviva voceequitable reliefhigher education lawSupreme Court directionsuniversity admissions

Judgment

A SHRI CHANDER CHINAR BADA AKHARA
UDASIN SOCIETY AND ORS.
v.
STATE OF JAMMU AND KASHMIR AND JRS.

SEPTEMBER 11, 1996
B
[A.M. AHMADI CJ., N.P. SINGH AND B.N. KIRPAL, JJ.]

Education-Higher education-Admission to professional colleges:

c Medical Colleg~Admission-Selection procedure-P1ivate recognised
medical college run by society-No rules/guidelines framed by State Govem-
ment for admission-Students seeking admission filed w1it petition before
High Court-Complaining that failure on pmt of State Govemment to frame
rules/guidelines deprived them of opp01tunity of seeking admission-Society
D impleaded as respondent to the said wlit petition-Single Judge of High Cowt
constituted Committee for selecting candidates on basis of oral interviews and
fixed time schedule for admission-Pursuant to which advertisement issued
on 4-10-1995 inviting applications and last date for receipt of applications was
11-12-1995-/nterviews held between 15 and 17-12-1995-Classes com-
menced from 26-12-1975-But Division Bench in L.PA. stayed operation of
E order of Single Judge and directed selection be made on basis of common
viva voce examination and that 75% marks for academic qualification and
25% marks for viva voce be allotted-Advertisement in'Jiting applications
stipulated that candidate must be pennanent resident of State-Held: orders
and directions of Single Judge as well as J?ivision Bench of High Court not
F consistent with orders and directions issued by Supreme Court-Time
Schedule fLXed by Single Judge was perse arbitrary-Percentage of marks
secured at stage of higher secondmy examination conducted by different
Boards vary and should not f01m basis of selection-Allotment of 25% marks
for viva voce examination was unjustified-Condition of eligibility that cmi-
didate must be a pennanent resident of State also unreasonable:-Common
G entrance examination must be held and admission made in accordance with
Supreme Court's directions in-Vnnikrishnan and subsequent cases.

Medical Co/leg~Admission-Plivate recognised medical college-No
ntles/guidelines framed by State Govemment-Admission made in accbrd-
H ance with High Cowt's directions-Though such directions not consistent with
68
C.C. BADA v. STATE 69

orders and directions issued by Supreme Court-Held : due to indifferent A
attitude of State Government and haste shown by college, the so-called
candidates, who were said to have been admitted, were viltually on the
roads-But only on equitable grounds, a procedure which was not sanctioned
by law would not be approved only to mitigate hardship of such candidates
who had sought admissions in the said medical college.
B
The Appellant-Society had the object of promoting medical educa-
tion by establishing medical colleges, hospitals and child welfare· centres.
A proposal was submitted to the State Government for setting up a
medical college and a private hospital in the State. The State Government
allotted land for the proposed medical college and charitable hospital. In C
due course temporary recognition to the said medical college was granted
by the Medical Council of India. However, no rules/guidelines were framed
by the State Government for admissions to the said medical College.

Some students seeking admission to the said medical college filed a D
writ petition before the High Court complaining that failure on the part
of the State Government to frame rules/guidelines to regulate admission
to the medical college of the Society had deprived them of the opportunity
of seeking admission. The Single Judge of the Big~ Court constituted a
Committee for selecting candidates on the basis of oral interviews and
fixed a time schedule for admission, pursuant to which an advertisement E
was issued on 4-12-1995 inviting applications. The last date for receipt of
applications was 11- 12-1995 and interviews were held between 15-12-1995
and 17-12· 1995 and classes commenced from 26-12-1995.

The respondents filed a Letters Patent Appeal against the aforesaid F
order before the Division Bench which stayed the operation of the order
of the Single Judge. The Division Bench directed that selection be made
on basis of common viva voce entrance examination and no common
entrance written examination be held. A direction was also given that out
of 100 marks awarded for selection of the candidates, 75% shall be for
academic qualification and 25% shall be for common entrance viva voce G
examination. Pursuant to the direction given by the Division Bench an
advertisement was issued by the State Government notifying conditions of
eligibility for admission to the said medical college. One of the conditions
was the candidate must be a permanent resident of the State. There was
no such condition laid down by the Division Bench. Being aggrieved the H
70 SUPREME COURT REPORTS (1996] SUPP. 6 S.C.R.

A appellant-Society preferred the present appeal.

Dismissing the appeal, this Court

HELD : 1.1. Orders and directions of the Single Judge as well as
Division Bench of the High Court are not consistent with the orders and
B directions issued by this Court indicating the procedure for admission in
private medical colleges. The time schedule fixed by the Single Judge was
perse arbitrary. The percentage of marks secured by different applicants
at different types of examinations at the higher secondary stage cannot be
treated as uniform. Some of such examinations are conducted at the state
C level, others at the national level including (he Indian School Certificate
examination. The percentage secured at different examinations are bound
to vary according to the standard applied by such examining bodies, which
is well known. As such a common entrance examination has to be held.
The allotment of 25% marks for viva voce examination is unjustified. A
fresh advertisement shall be issued inviting applications and admission
D must be made in accordance with this Court's orders/directions issued in
Unnikrishnan and subsequent cases. [77-D]

J.P. Unnilaishnan v. State of A.P. & Ors., [1993] 1 SCC 645, followed.

Ajay Hasia v. Khalid Mujib Sehravadi & Ors., AIR (1981) SC 487;
E
T.MA. Pai Foundation & Ors. v. State of Kamataka, [1993] 4 SCC 276;
Manipal Academy of Higher Education v. State of Kamataka & Ors., [1994)
2 SCC 201 and T.MA. Pai Foundation and Ors. v. State of Kamataka and
Ors., [1995) 5 SCC 220, referred to.

F 1.2. Due to the indifferent attitude of the State Government and
haste shown by the appellant-Society, the so-called selected candidates,
who are said to have been admitted, are virtually on the roads. But only \

on equitable grounds, a procedure which is. not sanctioned by law cannot
be approved only to mitigate the hardship of such candidates who have
G sought admissions in the medical college aforesaid. [77-B-C]°

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 11915-17
of 1996 Etc.

From the Judgment and Order dated 22.3.96 of the Jammu &
H Kashmir High Court in L.P.A. (W) Nos. 307, 312/95 and 8of1996.
C.C.BADA v. STAIB[N.P.SINGH,J.] 71

Dhruv Mehta and S.K. Mehta for the Appellants. A

H.N. Salve, E.M.S. Anam and Subhash Sharma and Rajeev Sharma
for the Respondents.

The following Judgment/Order of the Court was delivered :
B
N.P. SINGH, J. Leave granted.

Appellant No. 1 Shri Chander Chinar Bada Akhara Udasin Society
(hereinafter referred to as the Society) is a society registered under the J
& K Society Registration Act, the primary object being to promote medical
education by establishing medical colleges, hospitals and child welfare
c
centres. A proposal was submitted to the State Government for setting up
a medical college and a private hospital in Jammu, in the year 1988. The
State Government allotted 356 kanals of land for the proposed medical
college and charitable hospital. A further allotment of 250 kanals of land
is said to have been made by the State Government. The State Government D
recommended to the Jammu University for grant of affiliation to the
proposed medical college to be set up by the society. The State Govern-
ment also requested the Medical Council of India to grant approval/recog-
nition to the said medical college. Inspection was made by the
representatives of the Medical Council of India in respect of infrastructure
including the teaching facilities. In due course temporary recognition of the
E
institution was granted. It is said that the Society approached the State
Government to issue necessary guidelines and to frame· rules to regulate
the admissions to the medical college established by the Society. The
Society in its communication undertook to make admissions in accordance
with the directions of the Supreme Court of India in the case of J.P. F
Un11ik1islman v. State of A.P. & Ors., (1993] 1 SCC 645 and other directions
issued by this Court. The last such communication was addressed by the
Society to the State Government on 17.10.1995 saying that although it had
got recognition from the Government of India, but no rules/regulations
were being framed by the State Government for admissions to the said G
medical college.

The State Government had issued an advertisement on 6.7.1995
inviting applications from eligible candidates for appearing at the entrance
test for admission to the two government medical colleges. But while
iSsuing such advertisement the State Government did not invite applica- H
72 SUPREME COURT REPORTS (1996) SUPP. 6 S.C.R.

A tions for the admission into the medical college of the Society. In the
brochure published by the State Government for information to the can-
didates, who may be willing to seek admission, nothing was said about the
medical college in question, which was necessary in view of the judgments
and orders of this Court for filling up the 'merit seats' and the 'payment _, • .
seats'.
B
It is further the case· of the Society that when people of the State of
J & K learnt about the medical college of the Society, they approached the
management for seeking admission and some applications were also sub-
mitted to the management. However, no action was taken on such applica-
c tions, as no instructions had been received from the State Government.

Some students seeking admission in the medical college in question,
filed a writ petition before the High Court of J ammu & Kashmir making
a grievance in respect of failure on the part of the State Government to
frame necessary rules/guidelines to regulate admission to the medical
D college of the society which had deprived them -of the opportunity of
seeking admission against the 'merit seats' or the 'payment seats'. The
appellant-society was impleaded as a respondent to the said writ petition.
Counte~ affidavit was filed on their behalf. All necessary records and
information were placed before ~he High Court. Inspite of the several
E opportunities being given to the State Government, no affidavit on their
. behalf was filed. By an order dated 27.11.1995, the learned single Judge
constituted a Cqmmittee consisting of :

"(a) Mr. Justice J.N. Bhat, (Rtd.) Judge of J & K High Court:
Chairman.
F
(b) Mr. A.M. Watali, former member J & K Public Service
Commission :
Member.

(c) Dr. Krishan Lal Gupta, Former Director, Health Services,
G J & K State:
Member.

(d) Prof. Vidya Nath Gupta, formerly Prof. and Head, Depart-
ment of Hindi, University of Jammu:
H Member."
C.C.BADA v. STATE[N.P.SINGH,J.) 73

A direction was giveµ to the said committee to immediately proceed A
with the selection process for admission of students in the 1st year MBBS
course of the said medical college. An option was given to invite or call for
applications by publication through recognised modes including issuance
of an advertisement in at least one leading newspaper having wide circula-
tion. In the order, the learned Judge observed that the selection Committee
B
may conduct oral interviews of the candidates for short-listing the ap-
plicants on basis of their inter se merit. The first meeting of the aforesaid
Committee is said to have been held on.29.11.1995. An advertisement was
issued on 4.12.1995 inviting applications from eligible candidates in
respect of the following four catregories :-
c
"(a) 50% merit seats from permanent resident of the State of
J&K;

(b) 20% payment seats from permanent resident of the State
of J&K;
D
(c) 15% payment seats from candidates outside the State of
J&K; and

( d) 15% from NRl's and foreigners."

The advertisement was published in the Indian Express in its issue dated
E
4.12.1995. In the said advertisement, 11.12.1995 was fixed as the last date
for receipt of the applications saying "that the interviews of the candidates
shall be held between 15.12.1995 and 17.12.1995. It is the case of the Society
that after the interviews were so held, a merit list was prepared on basis
of the percentage of marks secured by the applicants at the Higher Secon- F
dary School Examination or equivalent examinations and the marks
secured at the interview. The report of the Selection Committee was
forwarded on 19.12.1995, which was placed on the notice board on
20.12.1995. Candidates so selected were admitted between 20.12.1995 to
26.12.1995. The teaching commenced from 26.12.1995.
G
A Letters Patent Appeal against the order dated 27.11.1995,
aforesaid of the learned single Judge, had been filed on behalf of the State
Government, which was listed before the Division Bench on 27.12.1995. On
the basis of the caveat filed on behalf of the Society, the parties were heard
on the aforesaid date. After hearing the parties, the appeal filed on behalf H
74 SUPREME COURT REPORTS [1996) SUPP. 6 S.C.R.

A of the State Government, was admitted and the operation of the order of
the learned single Judge was stayed. Ultimately, the Appeal filed on behalf
of the State and the appeals filed on behalf of others were allowed on
22.3.1996. The order of the learned single Judge was set aside. The pre~ent,
appeals have been filed against the said judgment of the Division Bench.
B From the judgment of the Division Bench, it shall appear that after
"
taking into consideration the different aspects of the controversy as well as
the predicament of the students who claimed to have been admitted in the
medical college aforesaid, the following directions were given :

"To conclude, considering these several aspects, we make the
c following orders :

(1) These appeals are allowed. The order of the learned Single
Judge passed on OWP No. 379/1995 dated November 27, 1995 is
set aside.
D (2) We issue a writ of Mandamus to the State Govt. to issue a
Notification calling for application from the eligible candidates in
the prescribed form for appearing in the common viva voce
entrance examination. There shall be no common entrance written
examination. Notification calling for applications shall be publish-
E ed in one local Daily Vernacular language and in one daily widely
circulated English newspaper providing enough time. The Writ
petitioners, the contesting respondents, the appellants of the LPAs
who have already applied need not apply once again except those
who have not applied.
F (3) The last date for receiving the applications in the prescribed
form shall be 5th April, 1996. Applications received after the date
fixed above either by post or by hand would not be entertained.

(4) The Roll Nos. to the eligible candidates shall be supplied
by the 8th April, 1996. The date for holding the common entrance
G ·r
viva voce examination is fixed as 10th April, 1996.

(5) The competent Authority shall make selection and an-
nounce the results on or before 17th April, 1996. The selection list
. so prepared shall be got published in atleast two leading local
H dailies of .Srinagar and Jammu and it shall also be displayed at the
C.C.BADA v.STATE[N.P.SINGH,J.] 75

office of Competent Authority, Entrance Examination in J ammu A
and Srinagar.

(6) Out of 100 marks awarded for selection of the candidates,

- 75% shall be for academic qualification and 25% shall be for
common Entrance viva voce Examination.

(7) The number of 100 seats shall be filled up by selecting
B

candidates from the order of merit.

(8) At least 50% of the seats out of the 100 seats shall be filled
up by the nominet!s of the Govt. or University as the case may be, C
hereinafter referred to as "free seats". These students shall be
selected on the basis of merit determined on the basis of merit list
by such criteria as may be determined by the Competent Authority
or appropriate Authority as the case may be. The remaining 50%
of the seats (payment seats) shall be filled up by those candidates
who are prepared to pay the fee prescribed therefor and who have D
complied with the instructions regarding deposit and furnishing of
cash security/Bank guarantee for the balance of the amount. The
allotment of students against payment seats shall also be done on
the basis of inter se merit determined on the same basis as in the
case of free seats. E
(9) In so far as the reservation of the seats. for persons claiming
constitutionally permissible reserved, the SRO issued by the State
of J&K in relation to the reservation of seats shall be followed.

(10) In so far as the fixation of the scale of fee payable by these F
students, the State Govt. shall constitute a committee within a
period of ten days and that committee shall fix the scale of fee
payable by the students in accordance with the guidelines con-
tained in the scheme of Unnikrislman J.P. AIR (1993) SC 2173."

It is apparent from the order aforesaid that a writ of mandamus was issued G
to the state Government to inyite applications from eligible candidates in
prescribed form for app~aring in the common viva voce entrance examina-
tion. However, there is a specific direction that no common entrance
written examination shall be held. 5th April, 1996 was as the last date for
receiving the applications in the prescribed form. Thereafter a time · H
76 SUPREME COURT REPORTS (1996) SUPP. 6 S.C.R.

A schedule was prescribed in respect of common viva voce entrance examina-
tion, selection and announcement of the result. A direction was also given
that out of 100 marks awarded for selection of the candidates, 75% shall
be for academic qualification and 25% shall be for common entrance viva
voce examination.
B According to the appellant-society, there was no justification on the
part of the Division Bench to interfere with the directions given by the
learned single Judge, which were just and proper. It was pointed out that
under the predicament under which the appellant-society and the ap-
plicants had been placed because of the inaction on the part of the State
c Government, the learned single Judge had no option but to constitute a
Committee of persons mentioned above for selecting the applicants for
admission in order to save them from losing an academic session, for no
fault of theirs.

D It is true ·that when the Society requested the State Government to
frame necessary rules/guidelines to regulate the admissions in the medical
college of the society, the State Government should have taken appropriate
and immediate steps and there was no sense in shelving the said issue by
ignoring it outright. The learned counsel, who appeared on behalf of the
State, could not give any explanation as to why the necessary guidelines
E were not issued to the society in respect of the admissions in the medical
college aforesaid. But the fact remains that the learned Single Judge on
the writ petition filed on behalf of the students adopted a procedure and
fixed a time schedule in respect of admission of the applicants, which are
not consistent with the orders and directions issued by this Court in
F different cases, indicating the procedure for admission in private medical
colleges. There is no dispute that the advertisement inviting applications
from eligible candidates was issued on 4.12.1995 and 11.12.1995 was fixed
as the last date for receipt of the such applications i.e. within a week, which
according to us, was perse an arbitrary time limit fixed for receipt of the
G applications. It is said that the interviews were held between 15.12.1995 and
17.12.1995 and the selection list was forwarded on 19.12.1995. The selected
candidates are said to have been admitted between 20.12.1995 and
26.12.1995 and classes are said to have commenced since 26.12.1995 itself.
Admittedly, the Division Bench passed an interim order staying the opera-
tion of the judgment of the single Judge only the next day i.e. 27.12.1995.
H In this background, it is difficult to accept the claim made on behalf of the
C.C.BADA v. STATE(N.P.SINGH,J.] 77

Society as well as applicants who are said to have been admitted in the said A
medical college, that their studies coinmenced since 26.12.1995 and as such
on equitable grounds they should be allowed to pursue their studies.

It is unfortunate that due to the indifferent attitude of the State
Government and haste shown by the appellant-society, the so-called
selected candidates, who are said to have been admitted, are virtually on
B
the roads. But only on equitable grounds, a procedure which is not sanc-
tioned by law cannot be approved only to mitigate the hardship of .such
candidates who have sought admissions in the .medical college aforesaid.
But at the same time many of the directions given by the Division Bench
also cannot be approved. It has directed that selection be made on basis c
of common viva voce entrance examination and no common entrance
written examination be held. According to the direction of the Division
Bench, 75% marks have been allotted for academic qualification and 25%
• marks for the viva voce examination. It need not be pointed out that the
percentage of marks secured by different applicants at different types of D
examinations at the higher secondary stage cannot be treated as uniform.
Some of such examinations are conducted at the state level, others at the
national level including the Indian School Certificate examination. The
percentage secured at different examinations are bound to vary according
to the standard applied by such examining bodies, which is well known. As
such a common entrance examination has to be held. The counsel appear- E
ing for the parties could not justify the awarding of 25% marks for viva
voce examination in view of the several judgments of this Court in connec-
tion with admission in educational institutions; one such judgment being
from the State of J&K itself in the case of Ajay Hasia Etc. v. Khalid Mujib
Sehravadi and Others Etc.; AIR (1981) SC 487 = (1981) 1 SCC 722. F
The learned counsel appearing on behalf of the State informed the
Court that pursuant to the direction given by the Division Bench, an
advertisement was issued on 27.3.1996 by the State Government, notifying
the conditions of eligibility for admission in the said medical college. From G
the said advertisement it appears that one of the conditions is that the
candidate must be permanent resident of J & K. There was no such
direction given by the Division Bench. Apart from that any such condition
is not consistent with the different judgments and orders of this Court. Mr.
Verma, learned senior counsel, immediately offered to rectify the same
and to abide by any direction given by this Court. H
78 SUPREME COURT REPORTS (1996] SUPP. 6 S.C.R.

A Taking all the facts and circumstances into consideration, we are of
the view that for one reason or the other, now it is not possible to complete
the admission in the said medical college for the session which has already
commenced. As such the only reasonable course shall be that a (resh
advertisement be issued for the next academic session in accordance with
law in the light of directions given by this· Court in the cases of J.P.
B Unnik1ishnan v. State of AP & Ors. (supra), T.MA. Pai Foundantion & Ors. -
' .

v. State of Kamataka, [1993] 4 SCC 276; Manipal Academy of Higher
Education v. State ofKamataka & Ors.; [1994] 2 SCC 201 and in the case
of T.MA. Pai Foundation and Ors. v. State of Kamataka and Ors., [1995] 5
SCC 220. The advertisement inviting applications should be given proper
c publicity and thereafter the seats should be ear-marked and allotted in
terms of the judgments aforesaid which prescribe the procedure for admis-
sion by the private medical colleges. Seats shall also be reserved for NRI
within the percentage fixed in those judgments. The State Government
shall extend all cooperation and help so that proper selections are made
D as per directions of this Court and the appellant-society which was estab-
lished the medical college is able to pursue its goal by making the medical
college functional, which shall be in the interest of the State of J & K itself.
The learned counsel appearing for the State of J & K assured this Court
that all necessary steps shall be taken promptly.

E In the result, the appeals are dismissed but at the same time in view
of the directions given above, it has to be held that we are not approving
the directions given by the Division Bench. Now, the steps have to be taken
by the appellant-society and the State Government in accordance with the
different directions given by this Court for admission in the private medical
p colleges. There shall be no orders as to cost.

v.s.s. Appeals dismissed.

N.P. SINGH, J. Leave granted.

G ,,,.
Civil Appeals are disposed of in terms of the judgment of this Court
in the case of Shri Chander Chinar Bada Akhara Udasin Society and Ors.
v. The_ State of J & Kand Ors., (Civil Appeal Nos. 11915-17of1996@ SLP
(C) Nos. 7924-7926 of 1996) delivered today.

H v.s.s. Appeals disposed of.