SHANKAR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in both these writ applications are desirous of getting admission for the M. S. Orthopaedic Course in the Rajendra Medical College, Ranchi, run by the State of Bihar. Since the facts and circumstances in which the applications have been filed are the same, both the applications have been, on the joint prayer of the parties, heard together and are being disposed of by this common judgment.

(2.) The total number of seats in the M.S. Orthopaedic Course in the Rajendra Medical College is only three and the two petitioners, the respondents nos. 5 and 6 and several other students applied for admission. The candidates who have been selected for admission are Dr. Kiran Shankar Prasad, who is not party to this case, and respondents nos. 5 and 6. Both the petitioners have been refused admission. They have prayed for issuance of a writ of mandamus directing the authorities concerned to admit the petitioners to the Course for the sessions 1977-79. Their claim is that the respondents nos. 5 and 6 have been wrongly admitted. Since they do not challenge the decision in regard to the admission of Sri Kiran Shankar Prasad, he has not been impleaded.

(3.) The common case of the petitioners in the two applications is that so far the respondent No. 5 is concerned, he is not eligible for admission. since he does not fulfil the qualifications laid down in the University Regulations. Besides, it is submitted, the respondent No. 5 was less meritorious than the two petitioners and could not have been admitted in preference to the petitioners. So far as the respondent No. 6 is concerned, it is said that he failed to comply with one of the conditions, mentioned in the Prospectus (annexure 1) and his application for admission was, therefore, not fit to be considered at all.