UNIVERSITY OF CALCUTTA Vs. GAUTAM KUMAR ROY

JUDGEMENT

(1.) In this group of eighteen appeals, which arise out of writ petitions filed on the Appellate Side by candidates seeking admission to the Post -Graduate Medical Courses in various Disciplines, the interim order under challenge at the instance of the Appellants (University of Calcutta and Secretary of Faculty Council for Post -Graduate Studies in Medicine) directs that provisional admission be granted to the concerned Respondents (writ Petitioners) "without prejudice and subject to the final result of the writ petitions" and subject further to their compliance of other formalities in accordance with law. A simultaneous direction has been issued to the Medical Council of India to grant the necessary permission in that regard.

(2.) Since common questions of law and fact arise in these appeals and they are directed against a common order, they have been heard together and are being disposed of by this common judgment.

(3.) The introductory facts are that the University of Calcutta, hereinafter called 'the University', awards Post Graduate Medical Degree or Diploma, as the case may be, to those students who successfully complete he respective course in the concerned Discipline. The number of seats in each Degree and Diploma Course is fixed as per the norms laid down by the Medical Council of India. The competing candidates for admission to these various courses being far in excess of the number of available seats, admission is granted in order of merit adjudged on the basis of the multiple choice objective type test, hereinafter called 'the test', which is a recognised mode of assessment of merits.