MAYURI SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the writ applications raise the common question of law and facts and as such they are taken up for hearing together.

(2.) WP(C) 3250/99 has been filed by the petitioner praying for a direction to admit the petitioner in the 1 st year MBBS/BDS course for the session 1998 and with a further prayer to withdraw, cancel or for bear from giving effect to the illegal admission made or permitted in the 1 st year MBBS/BDS course for the session 1998 and also prays for a direction to the authority to admit the petitioner in the course in view of the merit position in the waiting list prepared and published by the Selection Board (Annexure-4). The petitioner herein appeared in the Common Entrance Examination of 1998 and the petitioner secured 103 marks and the name of the petitioner appeared at SI. No. 214 of the general category and after interview the name of the petitioner appeared in the waiting list of general candidates at SI. No. 25. That is Annexure-4 to the writ application. With regard to waiting list, Rule 4(5) of the Medical Colleges of Assam and Regional Dental College (Regulation of Admission of Under Graduate Students) Rules, 1996 provides as follows:

(3.) It is stated in para 9 of the writ application that seats were available from the quota under Rule 5 of the rules of 1996. 6 seats from general qouta remain vacant and around 30 seats out of seats reserved for CBSE candidates remain vacant. It is stated that 36 seats were vacant and it is claimed that tie petitioner is entitled to the offer of a seat in terms of the rule. Rule 5 of the aforesaid rule provides as follows: