UNIVERSITY OF CALCUTTA Vs. PITBARAN CHAKRABORTY

JUDGEMENT

(1.) All these appeals being inter-related were taken up for hearing together and are being disposed of by this common judgment, Keeping in view the urgency of the matter, although paper book has been filed only in M.A.T. No. 3264 of 1997, and as further all the writ applications involved the same question, we dispense with the formalities of filing paper books and other formalities in the other appeals. We may further mention that the learned counsel for the parties agree that although these appeals 7 have been listed under the heading "Applications", the entire appeals may be disposed of-

(2.) These appeals are directed against a common judgment dated 10th September, 1997 passed by a learned single Judge in W.P. 8943(W) of 1997, W.P. 8614(W) of 1997 and W.P. 1121 of 1997.

(3.) The petitioners were candidates for admission in post-graduate medical courses under the University of Calcutta. Admittedly, the total number of seats for the said courses is 443, out of which 61 seats are allotted to All India quota and the remaining 382 seats are to be filled up by the University of Calcutta inasmuch as admission to 75% of total number of seats in different post-graduate courses is conducted by University of Calcutta while admission to the remaining 25% of the seats is open to candidates selected through All India Entrance Examination, Eighty seats are reserved as West Bengal Government quota out of 382 seats. The said seats are to be filled up from amongst the candidate in the West Bengal Health Service/West Bengal Medical Education Service sponsored by the Government of West Bengal. Admittedly, the State has issued a notification on 12-9-95, whereby and whereunder 22% of seats were directed to be reserved for Scheduled Caste candidates and 6% of seats were directed to be reserved for Scheduled Tribe candidates. By another notification dated 22-5-96, it was directed that the reservation made in the said notification shall apply in respect of the admission to the post-graduate courses also. Admittedly for the purpose of admission of students in the post-graduate courses examination were held on 29-3-97 and the merit list was published on 16th April, 1997. Admittedly, a separate merit list was published in respect of the reserved category candidates. It also stands admitted that the scheduled caste and scheduled tribe candidates were given opportunity of counselling first as regards the choice of the discipline before the general candidates. On 1-5-97, after the process of counselling was complete, admission took place. The writ petitioners respondents were also admitted but according to them, they had not been admitted in the discipline of their choice. The writ petitions were filed on 7-5-97 and the same were admitted on a limited question as would appear from the following order :-