TMI Blog1983 (9) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... several young men and women who aspired to admission to the Medical Colleges of their States and had been wrongly denied admission thereto. In the writ petitions and civil appeals now before us, the grievance voiced by the petitioners and the appellants takes us to a new category of cases and to a new dimension. They question the validity of nominations by the State Government of Jammu and Kashmir and the State Government of Andhra Pradesh of candidates to seats reserved in the Medical Colleges of other States. The civil appeals are directed against the judgment dated December 31, 1982 of the Andhra Pradesh High Court dismissing writ petitions filed by the appellants. The Medical Council of India, in its report on under- graduate medica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es in the Medical Colleges of their respective States, and not having succeeded in that object, they claim that they should have been properly considered for nomination by their State Governments to the seats reserved in the Medical Colleges outside their home States because they have secured higher marks in the qualifying examination than the nominated candidates. They urge that the nominations actually made by the State Governments have been made in their absolute and arbitrary discretion, without reference to any objective criterion, or any controlling norms or guidelines. They also allege that the nominations have been influenced by the personal relationship of the candidates to persons in the ruling political party or to Government off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the State the petitioners and the appellants are not entitled to question the validity of those nominations. We are referred to Chitra Ghosh and Another v. Union of India and Others.(1) In the civil appeals before us, however, we find that some of the appellants did apply for nomination to a seat in a Medical College outside the State. Besides, the Andhra Pradesh High Court has elaborately considered the question on its merits, and it seems desirable in the circumstances to pronounce our opinion on the controversy. The objection is overruled. For the purpose of these cases, we shall proceed on the assumption that national integration, which is undeniably in itself a highly commendable and laudable objective, will be effectively served ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ily be left to unfettered discretion of executive authority is to deny a fundamental principle of our constitutional life. We do not doubt that in the realm of administrative power the element of discretion may properly find place, where the statute or the nature of the power intends so. But there is a well recognised distinction between an administrative power to be exercised within defined limits in the reasonable discretion of designated authority and the vesting of an absolute and uncontrolled power in such authority. One is power controlled by law countenanced by the Constitution, the other falls outside the Constitution altogether. Proceeding from there, it is evident that if the State Government desires to advance the objective of na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Medical Colleges outside the State. The problem is one which needs to be tackled at the national level, having regard to the objective which is sought to be achieved and to the circumstance that it calls for reciprocal arrangements between Medical Colleges throughout the country. Until a policy is so formulated and adopted and concrete criteria are embodied in the procedure to be selected, we direct that nominations be made by following the procedure of selecting candidates strictly on the basis of merit, the candidates nominated being those, in order of merit, immediately next below the candidates selected for admission to the Medical Colleges of the home State. Before concluding it is desirable to advert to the contention raised on be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irected to formulate a proper constitutional basis for determining the selection of candidates for nomination to seats in Medical Colleges outside the State in the light of the observations contained in this judgment. Until a policy is so formulated and concrete criteria are embodied in the procedure selected, the nominations shall be made by selecting candidates strictly on the basis of merit, the candidates nominated being those, in order of merit, immediately below the candidates selected for admission to the Medical Colleges of the home State. The judgment dated December 31, 1982 of the Andhra Pradesh High Court is modified accordingly. In the circumstances of these cases, we make no order as to costs. A copy of this judgment and ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
