BUDDHADEB DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition, petitioners sought a writ of mandamus against respondent commanding them to fill up the vacancy from the Scheduled Castes and Scheduled Tribes quota and seats meant for such candidates should not be filled up by the general candidates. The petitioners after completion of their studies in B.A.M.S. Ayurvedacharya from Calcutta University sought admission in M.D. (Ayurveda) Degree for Academic Session commencing from the year, 1997. It has been published by the Calcutta University in Clause 30 that 22% and 6% of the seats shall be kept reserved for Scheduled Castes and Scheduled Tribes candidates respectively. Two seats have been reserved for the scheduled Castes only in 'Kayachikitsa Course' for the year 1997. But no reservation has been made in other three different faculties namely (i) Samhita-Sharir (ii) Dravyaguna-Vijnan (iii) Roga-Vijnan and Vikritivijnan.

(2.) The petitioners have further claimed that they are eligible for admission since they secured the requisite marks. Clause 4 of the brochure is quoted below :-

(3.) In Cl. 5 it has been indicated as follows :-