Supreme Court Of India.
Ravi Speaks:
Updated on 26.09.2022
“When I had to file a writ in the Supreme Court.”
I am going again back to 1979-since certain memories engulf you as repeated thoughts coming and disturbing or making you joyous-depending on their impending influence on you. I was a genuinely OK student in my educational career. I got a distinction in matriculation and above 70% marks later in PUC (11th). However, despite putting in hard labour for the twelfth class, since that was the base for my getting admission to MBBS-I, could hardly harness 67% marks which according to 42 years back standards were not bad.
Applied For The Admission To Medical College Jammu Being J&K State Subject Holder
I applied for the admission formalities for the Medical College after the results were declared of 12th class. I appeared in the tests and later was called for the important and deciding interview. I still remember there were the two principals of the Medical College of Jammu and Srinagar, namely Dr N. S. Pathania and Dr. Naseer. Also, the chairperson of the J&K Bank & Ex-Chief Secretary, Mr J N Kaul, was the head of the group taking the interview. Very normal questions regarding my family background and what percentage I had achieved in 12th and so on. There was nothing very specific which I could remember in the interview. When I talked to my other colleagues-they had asked the questions what would be their further approach after the completion of MBBS if selected. To some, the questions of giving their duties in rural areas of J&K were asked. Now such type of questions were making the distinction whether the candidates would be taken.
The Final Medical College Lists were Out
Anyways, after around a month or so, the Medical College lists were out for Jammu. And as was expected, there was no mention of my name anywhere on the list. I was very gloomy and my mother used to keep me in a good mood by saying that this was not the end-all or be all for me. I too had a great desire to go into medical college but for my just 67% marks -I could not make it. After a couple of days again my friends came to me and said that they have filed a writ petition in the Jammu High Court against the candidates who had lesser marks and were taken into the various categories/quota-which were not defined in the pre-requisites for the entrance. When I saw that the people who had secured just 50% or even two of them lesser than even 50%- I could realise that there was a lot of discretionary approaches applied or if I had to put it in a proper actual way- “Lot of Hanky-Panky” done by the selection panel.
Names Of The Principal’s Son and Others Under Special Quota
There was the son of the Principal Dr N S Pathania- Mr Sanjay Pathania-who had very fewer marks were selected under the category of “Staff-Quota”. There were three more of them whom I knew personally and belonged to Doda District-selected with a lesser percentage ranging between 40 to 50%. My friends told me that their advocates have said that it was quite sufficient proof for the writ petition to be filed.
Discriminatory Approach To Kashmiri Pundit Community
One more terrible thing was happening in the state and that was the discriminatory approach towards the Kashmiri Hindus. Even if these guys had a very good percentile still, they were rejected merely on the plea that they belonged to a very minor component of the state population and were advised to try outside based on their merit.
We Three with Better% age-Achievements Filed The Writ In Supreme Court
We were three friends, all Kashmiri Hindus, namely Sushil, myself and Anil. All of us had secured a fairly good percentile-which was around 67 to 70%. We decided that since all our friends have filed a writ in the High Court-we could go to the Supreme Court since the decision would come faster from that end and the High Court would have to follow the same. 56 candidates had secured over 60% and had collectively filed the writ in the High Court Jammu already.
Went with My Mother To Apex Court Advocate
I discussed with my mother and she agreed to give the money for the Supreme Court writ-petition-which was significantly higher than the High court. I still remember my mother had an FD made in my name-which she encashed and we went to Mr Anil Dev Singh at Gandhi Nagar Jammu-who was the advocate taking up our case in Delhi Apex Court. He had a detailed discussion with us and finally took the advance money from all the three of us @ Rs.2000/-per person and said that the remaining amount would be completed once the writ petition is heard by the bench.
The Judgement Came
Exactly after three months, the judgement came from the Apex Court and it was clearly mentioned that the seats are given to some under the various quotas were being quashed and these seats might be allotted to the guys purely on a merit basis-whosoever come in the merit list.
No Impact Of The Judgement On The J&K State Government
Based on this, we thought that the government would act fast, but nothing happened from the government’s end. Those days, Mr Sheikh Mohd. Abdullah was the CM, and he did not remove even the single person selected on a quota basis.
My friends& myself again got in touch with the advocate and he said -wait and watch, otherwise, we would file a contempt of Court Notice to the government. Meanwhile, the Government played a beautiful game and gave the Provisional Admission to all those who had filed the writ in Jammu High Court-since it was the directive from the High Court based on the decision of the Apex Court.
As The Luck Would Have It
Look at the irony-we did not file the case in the high Court thinking that Apex Court would do it faster for us and, High Court directed the authorities for the Provisional Admission. We were left high and dry and went into a state of shock. We could not get the provisional admission also since we had filed nothing in the High Court.
Finally, our money was spent and the final instalment of the Advocate was also given, even though this exercise was simply an exercise in futility. I continued with my B.SC and then went for the usual M.Sc. in chemistry. Sushil did the additional Maths and got admission to an Engineering College, and Anil went for the research in biology further.
These 56 Candidates On Provisional Admission were finally made regular
Now, look at the fate of those 56 candidates who had started the MBBS classes. Initially, they had to go on protest strikes for their conversion to regular students from the Provisional tag and later there was the intervention of the MCI as well and in adjusting those additional 56; the MCI gave the Government- the special sanction for the extension of their seating capacity. Finally, after their hard toil/struggle, they were made regular that too after around six months. Imagine during those six months their feelings as if they were walking on a sharp-edged weapon with the possibility of getting bruised.
Today after almost 42 years when I see some of them very well settled as doctors, it gives immense happiness to me but, I just pass a laugh on myself thinking how the so-called “Fate” played a beautiful game.
After four decades, I met my school time colleague who had very low marks of 60% in her twelfth class- in Delhi. She had become HOD in one of the main hospitals of Delhi. Look how things take a turn -she told me she was one of those 56 candidates and after doing the MBBS she went to AFMC Pune for the post-graduation and later got into the faculty of this Medical Institute. Her two children have settled abroad and her husband was Lt. Col in the army. I became thrilled for her but started thinking about the 1979 year when I went to the Apex Court instead of the Jammu High Court. Had I filed a writ in the Jammu High Court -I would have been surely one amongst the batch of 56 who got the provisional admission first based on the writ filed in the Supreme Court. But ala-all that had not happened and I would choose a different path of my career and followed that all the way. I would only say one thing for sure that when it had not to happen-it did not happen. Someone has rightly said the following lines, which are the apt ones for my case:
“One Often Finds His Destiny on The Roads-Unknown To Him.”
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