Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 26
CASE NO.:
134
of 4\006
+45
of 4\006
1472
of 4\006
+257
of 4\006
of 4\006
To of 4\006
c andidate of 4\006
c adre of 4\006
g raduate of 4\006
o f of 4\006
s ervices of 4\006
of 4\006
Regulation of 9 of
C ouncil of 4\006
"9 . of 4\006
(1 ) Students of 4\006
s hall of 4\006
a cademic of 4\006
of 4\006
For of 4\006
U niversity/Institution of 4\006
f ollowing of 4\006
c ourse of 4\006
of 4\006
( i) of 4\006
c ompetitive of 4\006
G overnment of 4\006
a ppointed of 4\006
t he of 4\006
s ame of 4\006
of 4\006
( ii) of 4\006
c entralized of 4\006
of 4\006
( iii) of 4\006
p erformance of 4\006
M BBS of 4\006
h ave of 4\006
o r
of 4\006
of 4\006
( iv) of 4\006
of 4\006
Provided of 4\006
p ostgraduate/admissions of 4\006
G overnment of 4\006
e xamining of 4\006
f or of 4\006
c ourse of 4\006
of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 26
Provided of 7
of 7
of 7
of 7
of 7
bjbjU of 7
of 46
of 7
of 7
of 7
Ã\212 of 7
Ã\212 of 7
of 8
" of 6 î
of 4\006
of 4\006
Appeal (crl.) of 6
Ë\2346 of 6
of 6
of 4\006
" of 6
t he of 4\006
E xamination of 2002
E xamination of 2002
G overnment of 14.1
p art of 4\006
" MADHYA of 4\006
G RADUATION
of 4\006
E NTRANCE of 2002
of 2002
B hopal, of 14th
of 14th
No. of 5-7-
M edical of 4\006
P radesh, of 4\006
N o. of 5-7-
2002 make of 4\006
e ntrance of 4\006
D egree/Diploma of 4\006
C ollege of 4\006
of 4\006
R ULES
of 4\006
of 4\006
Special Leave Petition (civil) .0 Title of 4\006
" Madhya of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 26
E ntrance of 2002
r ules of 4\006
i n of 4\006
of 4\006
Xxx xxx xxx xxx
of 4\006
of 4\006
Transfer Petition (crl.) .0 Reservation__ of 21%
c andidates of 4\006
Motion Case (crl.) % of 4\006
b elonging of 14%
a re of 4\006
o ther of 4\006
of 4\006
Transfer Petition (crl.) .1 Women’s of 30%
a nd of 4\006
of 4\006
Transfer Petition (crl.) .2 The of 4\006
e ligibility of 4\006
m edical of 40%
c andidates of 50%
c ategory of 4\006
of 4\006
xxx xxx xxx
of 4\006
of 4\006
Transfer Petition (crl.) .6.1 For of 4\006
P radesh of 20%
D egree/Diploma of 4\006
r eserved.
of 4\006
of 4\006
Transfer Petition (crl.) .6.2 They of 4\006
e xamination of 4\006
d oing of 4\006
D egree/Diploma of 4\006
c riteria, of 4\006
d epartment.
of 4\006
of 4\006
Transfer Petition (crl.) .6.3 Selection of 4\006
i ndividual of 4\006
f irst, of 4\006
s uch of 4\006
t he of 4\006
of 4\006
Transfer Petition (crl.) .6.4 Further of 4\006
s ervice of 4\006
c onsideration of 4\006
n omination.
of 4\006
of 4\006
Transfer Petition (crl.) .6.5 The of 4\006
f or of 4\006
2002 ) of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 26
b ut of 4\006
r eason.
of 4\006
of 4\006
xxx xxx xxx
of 4\006
of 4\006
The of 4\006
G overnment of 4\006
M edical of 4\006
2002 (hereinafter of 4\006
2002 ’, of 4\006
E xtraordinary of 28th
e xtracted of 4\006
" MADHYA of 4\006
G RADUATE of 2002
of 2002
No. of 2-1-
e ndorsement of 5-7-
Motion Case (civil) th of 2002
E ducation, of 4\006
i ssued of 4\006
G raduate of 2002
e ntrance of 4\006
D egree/Diploma of 4\006
C olleges of 4\006
of 4\006
These of 20%
s eats of 4\006
i n-service of 4\006
P radesh. of 4\006
n omination of 4\006
i n of 4\006
s election of 4\006
d epartment.
of 4\006
of 4\006
Therefore, of 4\006
f ormulate of 4\006
t erms of 4\006
s erving of 4\006
D egree/Diploma of 4\006
D ental of 4\006
of 4\006
Accordingly, of 4\006
e ndorsement of 2-1-
Writ Petition (civil) -2002, of 4\006
F amily of 4\006
M antralaya, of 4\006
r ules of 4\006
D egree/Diploma of 4\006
C olleges of 4\006
of 4\006
Title.___ of 4\006
" Madhya of 4\006
( In-service) of 2002
w ill of 4\006
n otification of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 26
w ill of 4\006
d epartments of 4\006
of 4\006
Xxx xxx xxx xxx
of 4\006
of 4\006
Selection of 1. O
c andidates of 5 ye
u nder of 4\006
a re of 4\006
f or of 4\006
of 4\006
Women of 4\006
t hree of 4\006
e ligible of 4\006
f ive of 4\006
of 4\006
Relaxation of 4\006
l ess of 4\006
s ubject of 4\006
s election of 4\006
G ynaecology of 4\006
of 4\006
Special Leave Petition (crl.) . For of 4\006
w ho of 4\006
w ill of 4\006
of 4\006
a . 30% of 4\006
i ntegrated of 4\006
a nd of 4\006
of 4\006
b . 30% of 4\006
l ength of 4\006
of 4\006
* of 2 ma
m onths of 6
of 6
Special Leave Petition (civil) additional of 4\006
f alls of 4\006
of 4\006
* of 4\006
f ive of 4\006
p lan of 30 m
u nder of 4\006
y ears of 4\006
p lan of 4\006
o f of 20 m
of 4\006
c. of 40%
o f of 4\006
M adhya of 4\006
B oard.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 26
of 4\006
of 4\006
* of 4\006
e xamination of 4\006
s election of 4\006
of 4\006
Writ Petition (civil) . The of 4\006
c andidates of 45
y ears.
of 45
of 45
xxx xxx xxx xxx
of 45
of 45
Terms of 1. E
w ho of 4\006
e xamination of 4\006
P radesh of 4\006
of 4\006
Special Leave Petition (crl.) . of 4\006
b ond of 4\006
Appeal (civil) years of 4\006
C ourse.
of 4\006
of 4\006
* of 4\006
R s.3.00 of 4\006
of 4\006
( emphasis of 4\006
of 4\006
It of 4\006
’ rules’, of 4\006
g uidelines of 4\006
G overnment. of 2002
m ake of 4\006
G overnment, of 20%
m edical of 4\006
G overnment. of 4\006
e xamination. of 4\006
r ules of 4\006
s it of 4\006
e xcept of 4\006
a ccordance of 4\006
d own of 4\006
a s of 4\006
a vailable of 2002
l ay of 4\006
o f of 4\006
q ualifications of 4\006
t he of 4\006
e xamination of 4\006
p rovisions of 4\006
a lso of 4\006
M edical of 2002
e xempt of 4\006
a nd of 4\006
q uota of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 7 of 26
s ubject of 4\006
o f of 4\006
f ramed of 4\006
Special Leave Petition (crl.) under of 4\006
40 % of 4\006
c onducted of 4\006
t o of 4\006
i nconsistency of 4\006
i s of 4\006
p resent of 4\006
h ereinafter. of 4\006
of 4\006
For of 4\006
t he of 4\006
’ in-service of 4\006
E xamination, of 4\006
G overnment, of 4\006
e xamination of 4\006
E xamination of 4\006
B oard of 24.3
e xamination of 2002
E ntrance of 4\006
e ntrance of 16.6
t wo of 4\006
c andidates, of 4\006
b efore of 4\006
C ourt of 4\006
o f of 2002
s ervice) of 2002
w rit of 4\006
s cheduled of 4\006
Special Petition th of 2003
o f of 4\006
t he of 2002
f indings of 2002
" (a) There of 4\006
e mployees of 4\006
a nd of 4\006
i n of 2002
c onstitutional of 4\006
of 4\006
( b) There of 4\006
e xamination of 4\006
m edical of 4\006
c omparative of 4\006
of 4\006
( c) of 4\006
s eparate of 4\006
s ervices of 4\006
t enet of 4\006
R egulations of 4\006
I ndia of 4\006
of 4\006
( d) Conferral of 4\006
s ome of 4\006
t he of 4\006
a reas of 14 o
a s of 4\006
R egulation of 4\006
I ndia of 4\006
s truck of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 8 of 26
of 4\006
( e) The of 4\006
w omen of 4\006
h ave of 4\006
a nd of 4\006
r endered of 4\006
d iscriminatory.
of 4\006
of 4\006
( f) The of 4\006
p etitioners of 4\006
r eservation of 4\006
w ho of 4\006
a mongst of 4\006
c andidates’ of 4\006
h ence, of 4\006
of 4\006
( g) The of 4\006
h as of 4\006
s tamp of 4\006
h eld of 2002
a re of 2002
of 2002
In of 4\006
o f of 20%
t hat of 4\006
s ubjected of 4\006
c omparative of 4\006
s tudy, of 4\006
c andidates of 4\006
u nsustainable, of 4\006
M edical of 4\006
P riti of 4\006
c andidates, of 4\006
w as of 14 o
p etitioners of 4\006
P hysicians of 4\006
h ealth of 4\006
e xclusively of 4\006
n ot of 4\006
H igh of 4\006
of 4\006
While of 4\006
C ourt of 4\006
c ommencing of 4\006
2003 -2004. of 18th
p romulgated of 4\006
E ntrance of 2003
E ntrance of 2003
P radesh of 18.2
r ules of 4\006
b y of 10 o
A dhiniyam, of 1973
t he of 10 o
c onfers of 4\006
A ct of 4\006
i n of 4\006
m edical of 4\006
w e of 4\006
s tatutory, of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 9 of 26
g uidelines of 4\006
f act of 4\006
s uperseded of 4\006
2002 , of 2003
s pecifically of 4\006
n ot of 4\006
P .G. of 2003
h ereunder:-
of 2003
" MADHYA of 4\006
G RADUATION of 4\006
2003
of 4\006
of 4\006
No. of 5-62
p owers of 10 o
C hikitsa of 4\006
1973 (Madhya of 19 o
S tate of 4\006
r ules of 4\006
t he of 4\006
P ost of 4\006
i n of 4\006
M adhya of 4\006
of 4\006
Special Leave Petition (civil) .0 Title. of 4\006
" Madhya of 4\006
P .G. of 4\006
2003 ". of 4\006
f rom of 4\006
o f of 4\006
of 4\006
xxx xxx xxx
of 4\006
of 4\006
Transfer Petition (crl.) .0 RESERVATION. of 20%
r eserved of 4\006
s cheduled of 16%
r eserved of 4\006
s cheduled of 14%
r eserved of 4\006
o ther of 4\006
P radesh.
of 4\006
of 4\006
Transfer Petition (crl.) .1 Reservation of 4\006
s hall of 30%
m erit of 4\006
of 4\006
Transfer Petition (crl.) .2 The of 4\006
e ligibility of 4\006
g raduate of 4\006
40 % of 4\006
50 % of 4\006
c andidates.
of 4\006
of 4\006
xxx xxx xxx
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 10 of 26
of 4\006
of 4\006
Transfer Petition (crl.) .5 In of 4\006
Special Petition % of 4\006
S urgeons of 4\006
G overnment of 4\006
s ervice of 3 &
w hich of 4\006
f ramed of 4\006
F amily of 4\006
G overnment of 4\006
of 4\006
The of 4\006
s elect of 4\006
y ear of 2003
B oard of 4\006
B ook’ of 4.2.
d ate of 20.2
o pen of 4\006
a nd of 4\006
c oncerned, of 108
a pplication of 4\006
c andidates of 9.3.
w ho of 101
h ave of 4\006
t hird of 4\006
p ostponed of 4\006
a ppeals of 36 i
c learing of 2003
i n of 4\006
of 4\006
Co-incidentally, of 20th
l ast of 4\006
B oard, of 4\006
p etitions of 2002
s tated of 4\006
a re of 4\006
a llowed of 4\006
t he of 2002
y ear of 2002
s et of 4\006
c annot of 89 i
n umber of 4\006
b urden of 4\006
t he of 4\006
2002 admissions. of 4\006
S tate of 4\006
s ubmitted of 4\006
p ressing of 2002
h ave of 4\006
s uch of 4\006
h ereafter.
of 4\006
of 4\006
A of 4\006
M adhya of 4\006
t o of 4\006
a reas of 4\006
s erving of 4\006
c entered of 4\006
a criterion of 9(2)
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 11 of 26
R egulations. of 4\006
p erformance of 4\006
i n of 2003
G overnment of 4\006
t est of 30%
w ere of 4\006
t he of 4\006
u niversity of 4\006
u nder of 30%
c alculating of 4\006
A dmission of 2002
n ot of 4\006
R egulation of 9(2)
d etermining of 4\006
R egulation of 9(2)
t here of 4\006
S tate of 4\006
e xaminations of 4\006
of 4\006
O n of 15.5
t he of 20.2
w rit of 4\006
b y of 4\006
" (1) In of 4\006
f ive of 9(2)
a pplicable.
of 9(2)
of 9(2)
(2 ) In of 4\006
R egulation of 4\006
e ntrance of 4\006
o f of 4\006
of 4\006
(3 ) The of 4\006
t he of 4\006
e ntrance of 4\006
of 4\006
(4 ) A of 4\006
t he of 4\006
t o of 20%.
of 20%.
(5 ) For of 4\006
h ave of 4\006
s ponsorship of 4\006
h ave of 4\006
l ist of 4
a nd of 4\006
m erit of 4\006
s uitable of 4\006
o f of 4\006
t hat of 4\006
of 4\006
(6 ) The of 4\006
t he of 4\006
b e of 4\006
p resent of 4\006
t he of 4\006
s ponsorship of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 12 of 26
of 4\006
T his of 4\006
a ppeals of 2002
a dmissions of 4\006
t his of 4\006
of 4\006
It of 4\006
w hich of 4\006
c ounsel of 4\006
of 4\006
(1 ) Whether of 4\006
e xaminations of 4\006
s hould of 4\006
of 4\006
(2 ) whether of 4\006
p erformance of 40 m
e ntrance of 30 m
s econd of 30 m
l ength of 4\006
of 4\006
(3 ) whether of 4\006
r ural/tribal of 4\006
of 4\006
and
of 4\006
of 4\006
(4 ) whether of 4\006
c onsecutive of 4\006
s o of 4\006
of 4\006
N ature of 20%
r eservation of 4\006
of 4\006
The of 4\006
o pen of 4\006
t herefore, of 4\006
o f of 20%
o f of 4\006
s implified of 4\006
C ourt of 4\006
O rs., of 2001
s imilar of 4\006
a ll-India of 50%
s eats of 50%
s eats of 4\006
w ere of 4\006
’ service of 4\006
c andidates of 4\006
c andidates of 4\006
t hem of 4\006
of 4\006
( i) the of 4\006
f rom of 4\006
t o of 4\006
a nd of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 13 of 26
of 4\006
( ii) that of 4\006
n ot of 4\006
a nd, of 4\006
r elevant of 4\006
d eciding of 4\006
of 4\006
( iii) that of 4\006
o r of 4\006
p rivate of 4\006
a candidate of 4\006
s teal of 4\006
b ased of 4\006
s hall of 4\006
c andidates of 4\006
of 4\006
( iv) that of 4\006
o f of 4\006
a llocation of 4\006
e xclusive of 4\006
o bject of 4\006
b e of 4\006
e xpression. of 4\006
r eservation of 4\006
w hich of 4\006
q uota of 4\006
c onsiderations of 4\006
of 4\006
K. of 4\006
b y of 4\006
U nion of 2002
o bservation of 4\006
h and of 4\006
C ourt of 4\006
s ervice of 4\006
c ategories of 4\006
w eaker of 4\006
a ffirmatively of 4\006
" Some of 4\006
t he of 4\006
g overnment of 4\006
g overnment of 4\006
n ot of 4\006
c ontinue of 4\006
i n of 4\006
h aving of 4\006
o bligations, of 4\006
f rom of 4\006
h ave of 4\006
f resh of 4\006
e xamination. of 4\006
d o of 4\006
f or of 4\006
g overnment of 4\006
w ould of 4\006
C andidates of 4\006
p ost of 4\006
t o of 4\006
t he of 4\006
b etween of 4\006
c andidates of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 14 of 26
m aking of 4\006
s ector of 4\006
s ought of 4\006
t he of 4\006
n ot of 4\006
e ncouragement of 4\006
of 4\006
of 4\006
of 4\006
To of 4\006
m eaning of 14 o
c lassification of 4\006
i ntelligible of 4\006
g roup of 4\006
d ifferentia of 4\006
a chieved. of 4\006
o bjects of 4\006
l ong of 4\006
o bject of 4\006
t he of 4\006
a vailable of 4\006
f rom of 4\006
p resent of 4\006
e xpression) of 229
( CHCs) of 169
s pecialists of 4\006
T here of 4\006
d efinite of 4\006
c onsisting of 4\006
c andidates. of 4\006
a nd of 4\006
r eservation. of 4\006
s ervice of 4\006
i ntelligible of 4\006
a chieved. of 4\006
a chievements, of 4\006
S tate of 4\006
t he of 4\006
d egree of 4\006
t he of 4\006
a llayed of 4\006
c andidates of 4\006
a fter of 4\006
S tate of 4\006
g uarantee of 4\006
t he of 4\006
b etweenì¥Ã\201 of 7
of 7
of 7
bjbjU of 4\006
of 46
of 4\006
ÿ ÿ of 4\006
Ã\212 of 4\006
of 4\006
Transfer Petition (crl.) of 6 î
of 4\006
of 4\006
Appeal (crl.) of 6
Ë\2346 of 6
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 15 of 26
of 6
of 4\006
" of 6
of 4\006
Â-6 of 23
of 23
Ã\212 of 4\006
Appeal (crl.) of 23
of 4\006
of 4\006
Appeal (crl.) of 23
Ã\212 of 4\006
of 4\006
â5 of 4\006
of 4\006
of 4\006
of 2CòQ
Ã\232 of 5
Appeal (crl.) of 5
Appeal (civil) of 23
Ã\212 of 4\006
S UPREME of 4\006
C IVIL of 4\006
C IVIL of 5223
@ S.L.P. of 1082
of 1082
T he of 4\006
Versus
of 4\006
G opal of 4\006
W ith of 4\006
C IVIL of 2003
(@ of 1090
of 1090
J U of 903-
of 903-
R .C. of 903-
of 903-
L eave of 4\006
of 4\006
I mparting of 4\006
d uty of 4\006
d eveloped of 4\006
A sizeable of 4\006
n ational of 4\006
d esirous of 4\006
l aying of 4\006
a spirants of 4\006
t he of 4\006
m ust of 4\006
g raduation of 4\006
A jay of 1994
401 ; of 1981
o f of 4\006
N arasimhan, of 1997
t hat of 4\006
c hannel of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 16 of 26
t ake of 4\006
g raduate of 4\006
g uarantee of 4\006
p erson of 4\006
q ualifies of 4\006
g raduate of 4\006
m arks of 4\006
d irect of 4\006
m arks of 4\006
a dmission. of 4\006
c an of 4\006
o ut of 4\006
t hey of 4\006
o f of 4\006
t he of 4\006
r each of 4\006
b right of 4\006
b e of 4\006
t he of 4\006
c ommon of 4\006
m inimum of 4\006
m edical of 4\006
of 4\006
That of 4\006
a lso of 4\006
S tate of 1997
S angharsh of 4\006
(2001 (8) of 694)
c lass of 4\006
m arks of 33%
a t of 4\006
M edical of 4\006
A ugust of 14,
l earned of 4\006
D ayanand of 2001
o n of 11,
f ramed of 9 re
o f of 4\006
( supra) of 4\006
".............it of 4\006
G overnment of 4\006
l ower of 4\006
I ndia. of 4\006
a pproached of 4\006
o f of 4\006
G overnment of 4\006
r educing of 4\006
t he of 4\006
I ndia, of 4\006
b e of 4\006
s tandards of 4\006
c ourse, of 4\006
e nvisaged of 4\006
of 4\006
T he of 4\006
m arks of 4\006
p rescription of 4\006
e ntrance of 4\006
f or of 4\006
p rescribed of 4\006
w as of 4\006
of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 17 of 26
T he of 4\006
c onducted of 4\006
a ssessing of 4\006
w hether of 4\006
a llowed of 4\006
a ssessing of 4\006
s ignificance of 4\006
c andidates of 4\006
s ome of 4\006
c oveted of 4\006
p ercentage of 4\006
t here of 4\006
a pproval of 4\006
p resent of 4\006
of 4\006
The of 4\006
R egulations, of 4\006
m inimum of 50%.
P radesh of 4\006
b y of 4\006
i f of 4\006
s uch of 4\006
p rescribed of 4\006
a departure of 4\006
a ny of 4\006
G overnment of 4\006
j ustification of 4\006
i n of 4\006
of 4\006
The of 4\006
a nd of 4\006
a ssessed of 4\006
e xamination, of 4\006
c oncentrate of 4\006
w ithout of 4\006
w hom of 4\006
of 4\006
Clearly of 4\006
a nd of 4\006
c ould of 4\006
R egulation of 9(1)
c lause of 4\006
u niversity of 4\006
a ssumed of 4\006
t he of 4\006
u niversities of 4\006
a nd of 4\006
d iffer. of 4\006
i ndividual of 4\006
t herefore, of 4\006
P radesh, of 4\006
c ontemplated of 4\006
i n of 4\006
e ntrance of 4\006
c andidates, of 4\006
p repared of 4\006
c andidates of 4\006
r espective of 4\006
of 4\006
W eigtage of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 18 of 26
of 4\006
The of 4\006
d octors of 4\006
s ervice of 4\006
a t of 4\006
of 4\006
I n of 4\006
M edical of 1986
J udge of 4\006
g raduate of 4\006
w eightage of 15 p
s tudent of 4\006
i n of 3 ye
w as of 4\006
d octors of 4\006
d octors of 4\006
I n of 4\006
o pine of 4\006
l ength of 15 p
b y of 4\006
w hy of 4\006
c oncluded of 4\006
r endered of 4\006
w eightage of 15 p
g ot of 4\006
w eightage of 4\006
h im of 4\006
i s of 4\006
t he of 4\006
w hether of 4\006
p ost-graduating of 4\006
w as of 4\006
of 4\006
T he of 4\006
t hree-Judge of 4\006
V s. of 1992
t he of 4\006
d ecision of 4\006
t hose of 4\006
d o of 4\006
a nd of 4\006
s uggestion of 4\006
r equired of 4\006
t heir of 4\006
c onsider of 5 pe
f avour of 4\006
y ears of 4\006
t o of 4\006
of 4\006
Recently of 4\006
A nr. of 2000
c onsidered of 20 s
d octors of 4\006
w ho of 4\006
c entre/institution of 4\006
c ouched of 4\006
p receding of 10 s
d octors of 4\006
a reas". of 4\006
t he of 4\006
p ositive of 10 t
" any of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 19 of 26
a municipal of 4\006
T he of 4\006
a djacent of 4\006
r ule, of 4\006
u rban of 4\006
r equire of 4\006
b enefit of 4\006
h ad of 4\006
c lassification of 4\006
d ecision. of 4\006
D inesh of 4\006
S nehelata of 4\006
r eferred of 4\006
O rs. of 1975
of 1975
I n of 4\006
a reas’ of 4\006
w ere of 4\006
R eservation of 4\006
w as of 4\006
f actor of 4\006
d oes of 4\006
t he of 4\006
b ackward of 4\006
h asten of 4\006
c ase of 4\006
p resents of 4\006
g raduation of 4\006
n ot of 4\006
s ervice of 4\006
w e of 4\006
r endered of 4\006
c andidates of 4\006
a ltering of 4\006
t hrough of 4\006
c andidates of 4\006
t he of 4\006
w eightage of 4\006
s ubmission of 4\006
P radesh of 4\006
S tate of 4\006
v illages of 4\006
t hey of 4\006
c onditions, of 4\006
t o of 4\006
f acilities of 4\006
d octors of 4\006
r ural/tribal of 4\006
p rofessional of 4\006
a cts of 4\006
d octors of 4\006
s ervices of 4\006
d istribution of 4\006
a ssigning of 4\006
f inalizing of 4\006
a dmission of 4\006
c onsiderations of 4\006
t he of 4\006
a vailable of 4\006
f ramed. of 4\006
r ules, of 4\006
a ssigned of 4\006
of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 20 of 26
R elaxed of 4\006
So of 4\006
o f of 4\006
r elevant of 4\006
a dmission of 4\006
c andidates of 3 ye
w ould of 4\006
O bstetrics of 4\006
d efined of 4\006
r ural of 4\006
c lass of 4\006
h as of 4\006
n eed of 4\006
m ay of 4\006
h ave of 4\006
m ore of 4\006
r elaxation of 4\006
u nreasonable of 4\006
W ith of 4\006
s uffer of 4\006
of 4\006
Both of 4\006
r endered of 4\006
f avour of 4\006
a dmission of 3 ye
s ervice of 14 o
C onstitution.
of 14 o
of 14 o
of 14 o
C onclusions
of 14 o
of 14 o
We of 14 o
Special Leave Petition (civil) . In of 20%
g raduation of 4\006
c andidates of 4\006
c hannel of 4\006
c annot of 4\006
t o of 4\006
s ources of 4\006
of 4\006
Special Leave Petition (crl.) . There of 4\006
e ligibility of 4\006
n ot of 4\006
c annot of 4\006
I ndia of 4\006
of 4\006
Writ Petition (civil) . In of 4\006
t here of 9(2)
c annot of 4\006
s ingly of 4\006
e ligibility of 4\006
of 4\006
Writ Petition (crl.) . It of 4\006
r endered of 4\006
p urpose of 4\006
s ervice of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 21 of 26
s ecuring of 4\006
M edical of 4\006
of 4\006
Appeal (civil) . Women of 4\006
p rovision of 4\006
c ontinuous of 4\006
s ponsorship of 4\006
w hich of 4\006
s uffer of 4\006
of 4\006
I ncidental of 4\006
In of 2002
d epartment, of 4\006
o f of 4\006
t hey of 4\006
r esults of 4\006
c onsequent of 4\006
b y of 4\006
t hat of 4\006
i n of 2002
m ay of 4\006
d eserve of 4\006
w ould of 4\006
s ubmission of 4\006
of 4\006
In of 2003
s ervice of 36 h
e ntrance of 4\006
s ecured of 4\006
R egulations. of 53 s
r emain of 4\006
c ould of 4\006
a ccount of 4\006
o f of 4\006
i nterim of 4\006
p etitions. of 4\006
n ot of 4\006
T hose of 108
P re-PG of 2003
d irected of 36 s
c andidates of 4\006
d irections of 4\006
c andidates of 2003
of 2003
I n of 4\006
t ake of 2002
a s of 4\006
t est of 2003
p articipating of 4\006
a rranged of 4\006
o ne of 4\006
t his of 4\006
of 4\006
T hough of 20%
b e of 4\006
n umber of 4\006
t he of 4\006
n umber of 4\006
o pen of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 22 of 26
of 4\006
T he of 4\006
s tated of 4\006
b e of 4\006
A uthority of 4\006
P G of 4\006
o f of 4\006
t hey of 4\006
t he of 4\006
t he of 4\006
t ake of 4\006
a period of 4\006
of 4\006
R esult
of 4\006
The of 4\006
f ollowing of 4\006
of 4\006
(1 ) The of 4\006
o f of 4\006
d octors of 4\006
t heir of 4\006
t o of 4\006
c andidates of 4\006
a nnulled, of 4\006
of 4\006
(2 ) The of 4\006
e ntrance of 4\006
c onsistent of 4\006
a s of 4\006
E ducation of 4\006
d epartment of 4\006
t o of 4\006
s eparate of 4\006
c onfusion of 4\006
of 4\006
(3 ) The of 36 s
c andidates of 2003
s crutinized of 4\006
e xamination of 4\006
c andidates of 4\006
a period of 4\006
p articipated of 4\006
2002 and of 4\006
u pon of 4\006
o pportunity of 4\006
l imit, of 4\006
t aking of 2003
p articipate. of 4\006
p assed of 4\006
f or of 4\006
a lready of 36,
s ponsorship of 36,
of 36,
(4 ) of 4\006
b e of 36 c
h ave of 4\006
t he of 4\006
s uccessful of 4\006
t he of 4\006
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 23 of 26
c onsolidated of 4\006
b e of 4\006
w ith of 4\006
t o of 4\006
of 4\006
(5 ) of 4\006
c onsolidated of 4\006
p repared of 4\006
a ny of 36 i
a nd of 4\006
of 4\006
(6 ) If of 4\006
q ualify of 4\006
v acant of 4\006
c ategory of 4\006
of 4\006
N o of 4\006
of 4\006
of 4\006
of 4\006
of 4\006
+
of 4\006
Appeal (crl.) 14 of 1996
PETITIONER:
BRIJRANI
RESPONDENT:
Vs.
STATE OF M.P.
DATE OF JUDGMENT: 31/07/2003
BENCH:
DORAISWAMY RAJU & H.K. SEMA.
JUDGMENT:
J U D G M E N T
Sema, J.
Five accused â\200\223 Chuttia, Gulab, Vrindavan, Brijrani and Jagat Singh â\200\223
were tried in Sessions Trial No. 72/85 by the IIIrd Additional Sessions
Judge, Damoh and convicted and sentenced to undergo RI for life for
offences punishable under Sections 302/149 IPC. Further accused Nos. 1-4
were convicted under Section 148 IPC and sentenced to undergo RI for one
year. Accused No. 5 was convicted under Section 147 IPC and sentenced to
undergo RI for one year. Accused Nos. 1-4 were also convicted under
Section 324 IPC and sentenced to undergo RI for one year. Accused Nos. 2,
3 and 5 were also convicted under Sections 324/149 IPC and sentenced to
undergo RI for one year. All the sentences were ordered to run
concurrently. On appeal, the High Court, by the impugned judgment,
acquitted accused Nos. 1, 2 and 5 of all the charges levelled against them
and convicted accused No. 3 - Vrindavan and accused No. 4 â\200\223 Brijrani for
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 24 of 26
offences punishable under Sections 302/148 and 324 IPC and sentenced
them to undergo RI for life and RI for one year respectively. The sentences
were ordered to run concurrently. Accused â\200\223 Vrindavan chooses not to
prefer an appeal against his conviction. Accused â\200\223 Brijrani, who is the
appellant before us, is the mother of accused â\200\223 Vrindavan.
Briefly stated, the facts are as follows:
On 17.5.1985 when the deceased Rajaram was proceeding towards the
village (Hintoli-Bari) with a bucket to fetch milk, he stopped on the way and
had some talk with accused Chuttia. Then all of a sudden, he was assaulted
with Pabbal (Sabbal) from behind by accused Vrindavan, son of accused
Chuttia; and accused Brijrani, wife of Chuttia and mother of Vrindavan.
Deceased Rajaram tried to run away but the accused chased him. Accused
Vrindavan and accused Brijrani dealt farsa blows while other accused dealt
blows on him with their lathis. On being alarmed by the cries of Rajaram,
PW-4 â\200\223 Siyarani, who is the wife of deceased Rajaram, rushed to the spot to
rescue her husband but she also sustained a farsa blow on her head dealt by
the accused Vrindavan and sustained another farsa blow on her hand dealt
by accused Brijrani as a result of which she fell down. FIR (Ex. P1) was
lodged promptly at 9 AM on the same day in which all the particulars have
been mentioned. PW-17 â\200\223 V.K. Jain (I.O.) immediately reached the spot
and started investigating the case. After holding the inquest report (Ex.
P21), he seized the bucket and pair of shoes belonged to the deceased (Ex.
P11). He also seized samples of plain and blood stained earth and two
pieces of bone (Ex. P12). A blood stained farsa was seized from Brijrani
vide Ex. P16 on 17.5.1985. On 18.5.1985, a tabbal was seized from accused
Vrindavan. We are not mentioning the full particulars of the seized articles
from the possession of other accused as they are not before us, as noticed
above.
PW-12, Dr. V.P. Brijpuriya conducted postmortem examination on
the body of the deceased Raja Ram on 17.5.1985 and found following
eleven incised wounds of various dimensions.
"1. Cut wound â\200\223 13" x 3" x 2" on the left side of the back
starting from the tenth rib and going downwards. Sides of the
wound were clear and cut was vertical the upper. The upper
angle was acute and the lower angle was wider.
2. Cut wound in square shape â\200\223 11" x 7" x 5" on the back
(towards the chest) on the left side. The upper part of the
wound was extended upto skeptula and the lower part upto the
10th rib. It was 2" away from the middle line and was pointing
towards the inner side. On the outer side, it was upto the
shoulder. The sides of the wound was sharp and vertical.
Skeptula bone was cut into two parts. Lungs was protruding
and visible under the wound. Lungs had two cuts â\200\223 one 4" x 1½
and another was of 3" x 1". Chest was full of blood.
3. Cut wound: - 7" x 2" x 6" was on the right thigh â\200\223 in the
middle portion. This was circular. In this wound all the
muscles of the thigh were cut and femur bone was cut into two
pieces.
4. Cut wound 3" x ¼" x ¾", vertical wound on the left side of
chest.
5. Cut wound 2" x ½" x ¾" â\200\223 horizontal wound on the right side
of the chest.
6. Horizontal wound on the upper part of the left shoulder 7" x
3" x 3". Muscles were cut due to this injury and cumeron bone
were cut into two pieces. 3" skin was uncut in the front and
towards the inner side of the wound.
7. Cut wound â\200\223 2" x 1½" x 1" â\200\223 on the front portion of the
chest on the right side, vertical, on the 4th and 5th rib.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 25 of 26
8. Cut wound 3" x ½" x ¼" on the right cheek.
9. Cut wound â\200\223 3" x 1" x 1" on the right side of the head on the
frontal region â\200\223 on the back of the hair line â\200\223 curved. Frontal
bone was fractured.
10. Cut wound â\200\223 1½" x ¾" x 1" â\200\223 Temporal bone was fractured
on the frontal region on the right side of the head.
11. One cut wound â\200\223 1½" x ¾" x 2" â\200\223 vertical on the cervical
area of the chest on the left side. In this wound cervical bone
was cut into two pieces."
PW-12 found that the deceased â\200\223 Rajaram was virtually cut into two
and died on the spot as a result of excessive hemorrhage. The High Court,
on re-appreciation of evidence, convicted Brijrani and her son Vrindavan, as
noticed above.
It is not disputed that the deceased and the accused are closely related.
PW-4 â\200\223 Siyarani is the wife of deceased Rajaram. Accused Vrindavan is the
nephew of PW-4 â\200\223 Siyarani. Accused Brijrani is the elder sister-in-law
(Jethani) of PW-4. Accused Gulab is the nephew of PW-4. Accused Chuttia
is the brother-in-law of PW-4 and father of the accused Vrindavan. Accused
Brijrani is the mother of accused Vrindavan.
The High Court, while convicting the appellant, relied upon the
testimony of PW-1 â\200\223 Ghasiram and PW-4 â\200\223 Siyarani â\200\223 wife of the decea
sed.
PW-1 â\200\223 Ghasiram is an independent witness. He specifically stated in
earlier part of the statement that the incident was witnessed by him and both
accused Nos. 3 and 4 were armed with Pabbal and Farsa. This witness,
however, stated that he could not see later part of the assault near the house
of Dhanua as his view was obstructed by a house in between but he over-
heard Rajaram shouting for help. He has also stated that being alarmed by
the cry of her husband, Siyarani had rushed to his rescue. PW-4 â\200\223 Siyarani
has also stated that being alarmed by the cries of her husband, she went to
the house of Dhanua to rescue her husband. She saw her husband being
assaulted. She also suffered a farsa blow on her head dealt by accused
Vrindavan and another blow of farsa on her hand dealt by appellant â\200\223
Brijrani.
Mr. Manish Mohan, learned counsel for the appellant strongly urged
that the presence of the appellant â\200\223 Brijrani at the place of incidence has not
been established. This contention, in our view, is negatived by the testimony
of PWs. 1 and 4, apart from documentary and medical evidence. As already
noticed, accused and PW-4 were closely related. Blood stained farsa was
seized from the appellant â\200\223 Brijrani (Ex. P16) on the date of the incident, i.e.
17.5.1985 itself. PW-1 Ghasiram categorically stated that on the fateful
morning when he was going to the farm for daily morning routine, he saw
deceased Rajaram going from his house towards the village with a bucket
for taking milk. He also saw Rajaram stopped to talk to Chuttia. At that
time, accused Vrindavan hit Rajaram with Pabbal from behind which hit
Rajaram at his back. He also saw, amongst others, Gulab’s mother, which
witness was lateron identified as Brijrani, assaulting Rajaram with farsa.
PW-4 â\200\223 Siyarani is the wife of deceased Rajaram. She stated that
around 7 AM when she was inside the house, she heard the sound of her
husband "comeâ\200¦â\200¦save me" from the front side of the house of Vrindavan.
She rushed to Dhanua’s house where she saw her husband was being
assaulted. Accused Vrindavan came and gave a farsa blow on her head.
Appellant â\200\223 Brijrani gave a farsa blow on her arm and she fell down
unconsciously. When she regained consciousness she saw her husband was
cut into two pieces. She recognized the pabbal and farsa with which she was
hit. She could identify Pabbal (Art. A) with which she was hit by accused
Vrindavan and farsa (Art. B) with which she was hit by appellant â\200\223 Brijrani.
PWs. 1 and 4 were subjected to cross-examination but nothing could
be elicited to impeach the credit worthiness of their testimony.
PW. 12, Dr. H.P. Brijpuria, as already noticed, conducted post
mortem on the deceased and found eleven incised wounds of different
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 26 of 26
dimensions and sizes. The doctor opined that the sizes of all cut wounds
were clear and sharp. The doctor in paragraph 7 of his examination-in-chief,
stated as under:
"All the injuries of the deceased were ante-mortem. Wound
No. 1, 2, 3 and 6 were expected from sharp, heavy and long
edged weapon. Wound No. 4, 5, 7, 8, 9 and 10 were expected
from a sharp cutting and heavy weapon which is different from
the earlier one. The inner injury of the wound No. 2 was
expected from multiple hit at the same spot. Injury No. 2 was
serious which was sufficient to cause death in normal
circumstances."
The doctor further opined in paragraph 20 of examination-in-chief as
under:
"The injuries suffered by the deceased is possible by the
weapons item (A) pharsa and Katarna item (B) produced in the
Court."
As already noticed, Art. (A) was seized from Vrindavan and Art. (B)
was seized from the appellant Brijrani. The doctor further opined that all the
injuries could not be possible by the same weapon because all of them were
of different depth and sizes. The doctor in paragraph 23 of cross-
examination stated as under:
"It is correct that the internal injuries suffer by the body depend
upon the fact that how the sharp edge of the weapon hits the
body. All the injuries could not be possible by the same
weapon because all of them were of different depth and size.
On the basis of the depth and length of the wounds I am telling
that they could have been caused by two different weapons. If
only a small portion of a long edged weapon had hit the body,
then the size of the wound will be smaller."
PW-4, Siyarani, as already noticed, suffered two injuries â\200\223 one on the
hand by blow of Pabbal dealt by Vrindavan and the other on the left hand
dealt by a farsa blow by appellant Brijrani. PW-18 â\200\223 Dr. K.P. Tripathi
examined PW.4 on 17.5.1985 and found the following injuries on her body:
1. "Incised wound : 4" x ½" deep upto the bones, on the
front side of the head.
2. Incised wound: 3" x 2" x ½" on the frontal part of left
hand".
The medical evidence corroborates the ocular testimony of PW.4 in
material particulars.
In the premises aforesaid, we have no reason to take a view different
from the view taken by the two courts concurrently. This appeal, accordingly,
stands dismissed.
The appellant is on bail. She shall be taken in custody
forthwith. Her bail bonds stand cancelled.