(1.) THIS appeal has been referred to as me on a difference between the two learned Judges of a Division bench of this Court consisting of D. K. Sen, J. and Ajit Kumar sengupta J.
(2.) THE facts relating to the writ petition out of which the appeal arises may be briefly noted. The appellant Somnath bandopadhyay was a student of fairly good academic career having passed the Higher Secondary Examination in the First Division. He secured 74. 8% marks and was awarded National Scholarship as well as a Tata Jubilee Scholarship.
(3.) THEREAFTER the appellant was admitted to the M. B. B. S. Course. He obtained First Class marks in all his examinations of that Course. He also passed his D. T. M. and H. Examination if the University and obtained over 60% marks.