(1.) THESE two writ petitions under Article 226 of the Constitution are directed against the refusal of the respondent No. 2 to consider the petitioners for admission respectively in the post graduate degree course in Sharir Rachana and the Diploma Course in Agad Tantra, though they had admittedly secured a higher percentage of marks than the respondent No. 4 in both the petitions, who had been admitted.
(2.) THOUGH Shri Trivedi, learned Counsel for the respondent No. 2, stated initially that the fact that higher percentage of marks had been obtained by the petitioners than the respondents No. 4 in the two cases, was not admitted, it is apparent from the return filed in the two cases that there is no dispute about the fact that the two petitioners had secured higher percentage of marks than the respondents No. 4, and if merit were the criterion they should have been preferred for admission to the respondents No. 4.
(3.) ADMITTEDLY , the petitioners and the respondents had appeared at the same examination. There could not therefore, be any question of different standards having been applied for deciding the merits of the petitioners and the respondent No. 4. In para. 13 of the return of the respondent No. 2 institution, it has been slated as follows: Many students of the respondent No. 2 College had applied for admission to M.D. Course in Govt. Ayurvedic College and though they had secured higher number of marks in the concerned subject, they were not considered for admission. This had enraged the students of the College and they had threatened that if any student from Govt. Ayurvedic College was admitted to the respondent No. 2, they would not allow the students to attend the College and agitate against their admissions. In view of the attitude of the Authority of Govt. Ayurved College in not admitting the students of the respondent No. 2 College, though they were otherwise entitled, has resulted in the instant situation. The petitioner was not at all considered in view of the above fact. This respondent submits that even recording to the Rules, the petitioner was a student from oilier Institution, and could not be granted admission, except in the 5% quota of other Institutions.