MANZOOR AHMAD LATOO Vs. STATE

JUDGEMENT

(1.) THIS order shall govern and equally apply to writ petition Noâ„¢s mentioned above and the connected crop Noâ„¢s that as they are all identical in nature and substance. The only difference existing inters is about names, Roll Nos, and marks and such other minor matters, which is not going to after the result of the decisions.

(2.) ALL the writ petitioners have appeared in "the entrance examination to MBBS BDS courses for the session 1990 -91, in the open merit category, interims of the SRO 19 dated 5.6.1990. providing 25 points for the qualifying examination and 75 points tot the written test, previously 85 points were reserved for entrance test and 15 points for viva voce test. The SRO 91, supra, for the first time prescribed weight age for qualifying examination. The select list was issued by the respondents on 2.11.1990 and name of the petitioners was selected. In all 190 candidates were selected including 92 in the open merit category and 98 in the reserved category. In the Session 1987 -88,263 candidates were selected and that shows the intake capacity of the Medical college concerned. In that view 73 seats have been kept vacant in the session 1990 -9L According to the pensioners in the merit list of entrance test they have obtained more marks than many of the selected candidates and minus the marks given for qualifying examination, they are superior in merit to them. The giving of benefit for the qualifying examination is allegedly illegal as held by the supreme court in (1985) 3sCC P22.

(3.) THE petitioners have in short challenged the, selection in question on various grounds as enumerated in their petitions -The respondents have filed their objections to the admission of these petitions. In my opinion a case is made out for the admission of the petitions, as many debatable questions of the law and fact are involved calling for adjudication by the court. I therefore, admit all the petitions mentioned above to hearing. Let fresh notices be issued to the respondents, if Mr Jalali is not going to appear for them without such notice, and in that case the petitioners shall file fresh registered A.D Covers within a weekâ„¢s time for their service. If Mr Jalali appears for the respondents, he shall file the counters within 8 weeks time with an advance copy to the other side. Which shall have three weeks time to file the rejoinders, if any. The cases shall proceed forbearing thereafter.