(1.) Respondent, who was a candidate for admission to medical college and had appeared in the Pre-Medical Test in 1997, conducted by Controller of the P. M. T. Examination, had mentioned the category of his priority as Priority No. VII, i. e. , Wards of Serving Defence Personnel. A certificate was enclosed with the form as per the instructions. After receipt of the mark- sheet, it appears that the respondent made a request for alteration of the priority category from VII to IV on the ground that his father had become disabled in peace time and the disability was attributable to military service. In the meanwhile, it appears that another candidate, who was respondent no. 4 in the writ petition, but had secured marks less than the respondent, had already been admitted against Category No. IV. On refusal by the respondent to alter the Category, appellant filed a writ petition in the High Court. A learned Single judge, taking note of the fact situation that respondent had himself mentioned category VII as his priority and respondent no. 4 stood already admitted against Category No. IV, dismissed the writ petition.
(2.) The respondent put the order of the learned Single Judge in issue before the Division Bench through Civil Special Appeal.
(3.) The Division Bench noticed that the respondent had, in the application form, claimed admission against Category no. VII and had filed a certificate in support of that Category. The Division bench also noticed that a candidate, who qualifies for admission against category No. IV, could also qualify for category No. VII but since the respondent had himself claimed priority against Category No. VII, the respondent could not be faulted by insisting to consider the appellant against Category no. VII only. The Division Bench also noticed that against Category No. IV, a student with lessor number of marks than the respondent had already been admitted. The Division bench, therefore, observed: