(1.) The petitioner in the writ petition has challenged the procedure adopted by the opposite parties for selection to the Medical Course under category-wise counselling instead of merit-wise counselling on the ground that is violative of Art. 14 of the Constitution of India. According to the petitioner, such category-wise counselling runs contrary to the clauses 3.5 and 3.16 of the Information Brochure of Joint Entrance Examination (Engineering and Medical), 1996, Orissa.
(2.) The petitioner appeared at the Joint Entrance Examination (Engineering and Medical), 1996, Orissa, under reserved category'G'. This reserved category 'G' covers children of Green-card holders. Result of the above mentioned examination was published on 12th July, 1996 and, in the merit list for medical stream, the name of the petitioner has been shown against Sl. No. 253. According to the petitioner, the above noted Joint Entrance Examination (for short, 'JEE - E & M 1996') was conducted by opposite parties, as per the provisions contained in the Information Brochure for admission to lst year Degree Courses in Medical/ Dental Courses at the three medical colleges in the State of Orissa for the academic year 1996-97.
(3.) According to the petitioner, as per clause 3. 1 of the Information Brochure, four merit lists are required to be drawn up, viz., one for candidates seeking admission to Engineering/Architecture/Technology, one for candidates seeking admission to Medical and Dental Courses; one for candidates seeking admission to Nursing Course; and one for candidates seeking admission to Pharmacy. As per clause 3.3.2 of the Information Brochure, five per cent of the total seats are reserved in three medical colleges of the State for children of Green-card holders.