TMI Blog1971 (1) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... Petition No. 285 of 1970. That petition was heard along with another petition and those petitions were allowed on September 23, 1970. In that petition the petitioner had alleged that the selections made were illegal for various reasons. He had also alleged that the selections were manipulated by the Government. This Court came to the conclusion that the allegations of mala fide had not been established but yet selections were held to be invalid for the reasons mentioned in our order dated 23rd September, 1970. Despite coming to the conclusion that the selections made were invalid, we did not strike down the selections in view of the fact that the selected candidates had not been made parties to those petitions. We directed the State of Tamil Nadu to immediately constitute a separate expert committee consisting of eminent medical practitioners (after excluding all those who were the members of the previous committee) for making selections to the 24 unfilled seats. We further ordered : The selection shall be made on statewise basis. The committee shall interview only the candidates who are shown in the waiting list, the persons who unsuccessfully moved the High Court of Madras an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory evidence. The fact that the petitioner could not get any outside evidence to establish what happened at the time of the interview cannot shift the burden that is on him to prove his allegations. It is true that at one stage, the selection committee called for interview several candidates other than those asked to be interviewed by this Court. When those persons were called for interview, the petitioner approached this Court to restrain the selection committee from interviewing those persons. This Court declined to go into that matter at that stage. Thereafter the State of Tamil Nadu moved this Court for clarification of our order. We rejected that application as in our view the order did not require any clarification. Thereafter the selection committee refrained from interviewing the candidates whom it had called for interview in addition to those whom this Court asked the selection committee to inter-view. The members of the selection committee say that they did not clearly understand the scope of our judgment and it is in those circumstances they called for interview some candidates whom they ultimately did not interview. Though this explanation is not very satisfactory bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n other words we have to infer that the intention of the Government was that each one of those heads should carry 1/5th of the 'Interview marks'. It is clear from our judgment that we quoted the decision in Viswanath's case (supra) with approval. But yet when the impugned selections were made, the selection committee allotted marks to the various heads according to their own discretion. It was admitted before us at the hearing that the selection committee distributed the 75 interview marks among the five heads mentioned above according to its own discretion. For some heads, 1 0 marks were allotted and for others 25 marks. The procedure adopted by the selection committee clearly contravened our judgment in the earlier writ petition. There is no substance in the plea advanced on behalf of the selection committee that in the operative portion of our order, we did not direct the selection committee that each one of the heads should carry 1/5th of the interview marks. The selection committee was not the rule making authority. The interview rules were made by the Government. The Government alone could have distributed the marks amongst the various heads. In the absence of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39; Certificates are issued to the Senior Division N.C.C. Cadets who pass the 'B' and 'C' Certificate Examinations respectively held in the Colleges for the Senior Division. As such, a High School student would be eligible to obtain only an 'A' Certificate and not the 'B' and 'C' Certificates. 6. The students who appeared for the selection to the Medical course for the year 1970-71 could not have obtained a 'B' or a 'C' Certificate for the reason that N.C.C. was discontinued in the State of Tamil Nadu in all Schools and Colleges in Jan. 1968. In the Anglo Indian Schools, the school year ends in December, while in the rest of the schools the school year is from June April. The students studying in the High Schools other than Anglo- Indian Schools during the year 1967-68 would , therefore, not have obtained even an 'A' Certi- ficate, as the Certificate is issued after undergoing train- ing for a period of one year and then passing, he exami- nation. The petitioner obtained such a certificate in January, 1968 for the N.C.C. Course of one year in regard to which he wrote his examination in October, 1967. The students st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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