RANIYA MOHAMMED Vs. COMMISSIONER FOR ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) THE petitioner in W. P. (C)No. 28013/08 belongs to a Scheduled Caste Community. The petitioners in the other Writ Petitions belong to the Muslim Community. All the petitioners have participated in the Common Entrance Examination conducted by the Commissioner for entrance Examinations for admission to the MBBS course for the year 2008.

(2.) THE common grievance sought to be highlighted by them are two fold. Firstly, the number of seats available in Government quota in the Self-financing Colleges in the State, which the government itself decided, was to be filled up by applying the principles of reservation and the protocol outlined in the prospectus for allotment of MBBS seats in the Government Colleges and Government controlled Self-financing Colleges should have been added to the seats in the Government colleges and consequently the Government seats in the Self-financing colleges should be treated as one unit along with the seats in the Government colleges. Secondly, the principles of reservation, which the Government was bound to implement, should be implemented in its letter and spirit and the objectives sought to be achieved by the principles of reservation would be subserved only if such seats in the Self-financing Colleges which are to be filled up as Government quota are considered on a par with the Government colleges and the Government controlled Self-financing Colleges.

(3.) IT is necessary to refer to the different clauses in the prospectus. Cls. 2. 1. 1a and 2. 1. 1b of the prospectus read as follows: