VIKAS GAURAV Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) A very short issue is involved in the present writ application in order of appreciate which, the brief facts of the case should be taken note of first.

(2.) The facts are not at all in dispute. Katihar Medical College, Katihar (hereinafter referred to as the "College"), is a Privately Managed Minority Medical College. One Vivek Raj was admitted in 1st year MBBS course against NRI quota in the said College. 15% of seats are reserved in the said College to be filled-up against NRI quota. On 29.09.2015, said Vivek Raj withdrew his application. Against the said seat becoming vacant, the petitioner was admitted on 30.09.2015. The petitioner admittedly did not appear for the Combined Entrance Test (hereinafter referred to as the "CET"), held for admission to Privately Managed Medical Colleges, whereas, the said Vivek Raj, who had withdrew his application had participated in such test. Admission of said Vivek Raj, in the College, was certainly not based on his performance in CET, rather it was purely on the basis that he was an NRI sponsored candidate.

(3.) The petitioner's admission, in the said College, is said to be on the basis of marks secured by him in the qualifying examination, i.e., 12th Examination, for admission to the said course.