Educational Institutions-Admission to.

Medical Colleges-Admission to Viva voce test-Whether Court could go into relevancy of questions put to candidates.

Natural Justice: Medical Colleges-Admission to Candidate related to Member of Selection Committee-Selection whether vitiated.

The State Government issued an advertisement inviting application for admission to the first year MBBS course in the two medical colleges in the Slate. It was mentioned therein that the candidates would have to appear in a written test which would be followed by a Viva-voce test and that 85 points were allowed for the written test and 15 points were 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, viz., the Principals of the two Medical Colleges. The quorum for a meeting of the Committee was stipulated as the Chairman and one member. When the Selection Committee held its first meeting one of the members, the Principal of the College informed the Committee that

as his daughter was one of the candidates competing for admission, it would not be desirable for him to be associated, at any stage, with the written test, and that he, would not like to be present when his daughter was interviewed. The Committee took note of the information and agreed with the suggestion..

The petitioners in their writ petitions under Article 32, questioned the select- ion of candidates for admission: It was contended on their behalf that: (1) the entire selection was vitiated by the presence on the Committee of the father of a 'candidate, and this was a gross violation of one the principles of natural justice: (2) the entire procedure was bad as the marks obtained by the candidates at the qualifying examination (T.DC-Part I Medical group) were not taken into account and not given any weightage; (3) the viva voce test provided for 7 points for general knowledge and general intelligence whereas it would have been more appropriate to test general knowledge and general intelligence of candidate by holding a written instead of a viva-voce' test; (4) general knowledge and general intelligence were not matters to be tested in a written examination; (5) there was delay in the announcement of the results and the delay made the selection suspect, and (6) the regulations made by the Indian Medical Council prescribed that the marks obtained in the qualifying examination should be taken in to consideration.

Dismissing the writ petition;