PREETY BARKHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) In the aforesaid three writ petitions, filed under Article 226 of the Constitution of India, the issues of facts and issues of law are almost identical and common, therefore, with the consent of the parties, all the above three matters have been heard together and are being disposed of by this common order. The matter at issue is the admission in MBBS course in different Medical Colleges in the State of Bihar on the basis of Bihar Combined Entrance Competitive Examination, 2014 (in short Examination, 2014) against the remaining 67 seats reserved for the Scheduled Castes and the Scheduled Tribes as also the disabled quota category candidates.

(2.) The petitioners of CWJC No. 14652 of 2014, 17 in numbers, all belong to the Scheduled Castes. The sole petitioner of CWJC No. 15173 of 2014 and the petitioners of CWJC No. 15107 of 2014, 4 in numbers, all belong to disabled quota category.

(3.) Indisputably, the Bihar Combined Entrance Competitive Examination Board (hereinafter to be referred to "the Board" only), constituted under the provisions of the Bihar Combined Entrance Competitive Examination Act, 1995, has been authorized to conduct the combined entrance competitive examination every year for selecting candidates for their admission in 1st year of degree level professional courses including the medical streams in the different institutions in the State of Bihar. Accordingly, the respondent-Board initiated the process for conducting competitive examination, 2014 for selecting candidates for the admission in 1st year of MBBS course in all the Medical Colleges in the State of Bihar. The Respondent Board issued a common prospectus for holding competitive examination, 2014 which has been brought on record as Annexure-1 in CWJC No. 14652 of 2014, where in the dates for first stage examination and second stage examination have indicated and were fixed for 13.4.2014 and 18.5.2014 respectively. It appears that originally only 404 seats in MBBS course in different Medical Colleges as State quota was allotted by the respondent Medical Council of India. Subsequently, number of seats were enhanced and total number of seats sanctioned for 9 Medical Colleges in the State of Bihar were 950, out of which 782 seats were earmarked as State quota.