STATE OF ASSAM Vs. RAJEEV DEY

JUDGEMENT

(1.) In this batch of 27 writ appeals, the common judgment dated 28-9-1994 of the learned single Judge in 27 Civil Rules directing admission of 27 candidates for the session 1993-94 in order of merit in seats likely to be available in Medical Colleges in the State of Assam for the session 1994-95 is under challenge.

(2.) The brief facts leading to the filing of these appeals are that the aforesaid 27 candidates applied for admission to the lst Year M. B. B. S. Course in the Medical Colleges of the State of Assam for the session 1993-94 but were denied admission. Aggrieved; some of them approached this Court under Article 226 of the Constitution contending that admissions had been granted to candidates who had marks less than them in the qualifying examination and were thus less meritorious than them. When these Writ Petitions came up for hearing, the learnedsingle Judge passed orders on 12-8-1994 on Civil Rules No. 2919/94 directing publication of notice in the local Daily "The Assam Tribune" to all interested candidates seeking admission which was to be of the nature of a notice under Order I, Rule 8, C.P.C. Pursuant to the order dated 12-8-1994, a notice was published in "The Assam Tribune" dated 17th August, 1994 under Order I, Rule 8 of the C.P.C. stating therein that in some Civil Rules the petitioners had challenged that candidates have been admitted into different Medical Colleges of Assam for the academic session 1993-94 depriving the petitioners who had better claim for admission and that the Court had fixed the final hearing of the petitioners on 22-8-1994 and all persons Similarly interested may join as parties in the said Civil Rules on or before 19-8-1994. In response to the said notice under Order I, Rule 8, C.P.C., some more Writ Petitions were filed and registered as Civil Rules. Thereafter the Civil Rules were heard on different dates and were disposed of by the impugned common judgment dated 28-9-1994 with the direction that seats likely to be available due to failure of the candidates to take admission into the 1st Year M.B.B.S. Course for the session 1994-95 within the time fixed shall be offered to the 27 candidates in order of merit. Aggrieved by the impugned common judgment dated 28-9-1994 of the learned single Judge, the appellants initially moved the Supreme Court by Special Leave Petition (Civil) Nos. 19300-19326 of 1994 in which an interim order was passed by the Supreme Court staying the impugned judgment. But thereafter by order dated 10-3-1995, the aforesaid Special Leave Petitions were disposed of with the direction that in case an appeal is filed before the Division Bench of this Court within 15 days, the Division Bench may entertain and deal with the same on merits and not dismiss it on the ground of limitation. By the said order dated 10-3-1995, the Supreme Court further directed that the interim order passed by the Supreme Court will continue for three weeks. Pursuant to the said order dated 10-3-1995 of the Supreme Court, the appellants filed the present appeals before the Division Bench of this Court and by order dated 31-3-1995 passed in Writ Appeal No. (T) 228 of 1995, the Division Bench stayed the impugned common judgment of the learned single Judge. Thereafter, the twenty-seven Writ Appeals were heard by us analogously on merits.

(3.) At the hearing of the appeals, it was contended on behalf of the appellants by the learned Advocate General, State of Assam, Mr. S. N. Bhuyan and Mr. B. C. Das, learned Sr. Govt. Advocate that the 27 candidates in whose favour directions have been issued in the impugned common judgment for admission into the unfilled seats for the session 1994-95 were not selected for the session 1993-94 as they secured less marks than the last candidate in the Select list for the respective category prepared in accordance with the Rules for Admission to the 1st Year M.B.B.S./B.D.S. Courses in the Medical Colleges of Assam and the Regional Dental College, Assam, 1992 (for short, the 1992. Rules) made by the State Government in exercise of its executive power under Article 162 of the Constitution and notified by notification dated 10th August, 1992 which in the absence of legislation on the subject had the force of law. The learned counsel appearing for the respondents, on the other hand, Submitted that the records of the selection would show that many candidates securing less marks than the candidates who had approached the Court in the Civil Rules have been admitted into the 1st Year M.B.B.S Course in the Medical colleges, in the State of Assam for the session, 1993-94 contrary to the 1992 Rules. All the parties in this appeal are, therefore, agreed. on the principle that admissions into the 1st Year M.B.B.S. Course in different, Medical Colleges in Assam for the academic session 1993-94 were to be on merit as provided in sub-rule (4) of Rule 4 of the 1992 Rules quoted hereinbelow.