(1.) This appeal is directed against the judgment and order dated 9.8.2005 passed by the learned Single Judge in WP(C) No. 766/ 2005.
(2.) We have heard Mr. M.G. Singh, learned counsel for the appellant and Mr. S. Sarma, learned State Counsel.
(3.) The appellant as writ petitioner filed the aforesaid Writ Petition for appropriate direction for her admission in MBBS/BDS Course against a seat reserved for meritorious sports persons. The final list of the selected candidates was published on 6.6.2005. Thirty eight candidates were enlisted in order of merit in the general category and nineteen candidates were enlisted for admission against seats reserved for the S.T. category candidates. Similarly, one candidate was selected for admission against one reserved seat for each of the reserved categories, namely, children of armed forces personnel and meritorious sports persons. One Rabishwaree Asem who had secured 34'0 out of 400 marks occupied 22nd position in the merit list of general category candidates. Her name also appeared in the select list of meritorious sports persons. The: name of the appellant was also shown as a wait listed candidate of meritorious sports persons. Ms. Rabishwaree Asem was admitted against the seat reserved for the meritorious sports persons. The appellant challenged his admission against the lone seat reserved for sports persons on the ground that having secured 22nd position in the merit list of the general category candidates, he ought to have been admitted/adjusted against a general category seat only. Had it been so done, the seal reserved for the meritorious sports personl would have remained vacant and this would have made the appellant eligible for admission against that seat as she is the only candidate enlisted in the waiting list.