DAS, J. - (1.)The three petitioners herein have questioned the legality and validity of the nomination of 5 candidates for admission into the Ist Year M. B. B. S. Course for the 1984-85 session in the medical college of Ranchi, Silchar and Gorakhpur. The intrinsic facts are that the Secretary, Medical, to the Government of Manipur published a notification dated 8-7-83 prescribing the minimum eligibility marks for general, Scheduled Caste and Scheduled Tribe candidates for admission to the Regional Medical College at Imphal and the other medical colleges outside the State, namely, B. R. D. Medical Collage, Gorakhpur, Regional Medical College Silchar and Rajendra Medical College at Ranchi. Altogether 15 seats were reserved for the candidates from Manipur from Central Pool. About 400 candidates including the three petitioners appeared in the test examination held by the Selection Board on 22-7-84 for getting admission into the Ist year M. B. B. S. Course for the year 1984-85. On the basis of the said examination, the Selection Board published a select list on 23-7-84 of the selected candidates under the signatures of the Chairman and three Members of the Board. 38 candidates were selected against general quota, 20 candidates were selected against Scheduled Tribes quota and 3 candidates were selected against Scheduled Castes quota. The name of the petitioner No. 1, however, appeared against Srl. No. 2 amongst the Scheduled Caste candidates and the names of petitioners Nos. 2 and 3 appeared against Srl. Nos. 28 and 29 amongst the general candidates. The State Government of Manipur thereafter published the final select list nominating 27 general candidates, 12 Scheduled Tribes and 1 Scheduled Caste candidates for admission to different medical colleges as shown against their names. However, all the three petitioners were not nominated. Total number of candidates shown nominated by the government came to 40. Out of the 40 candidates so nominated, 30 were for the Regional Medical College at Imphal and 10 were for other colleges outside the State of Manipur from the Central Pool. It is stated by the petitioners that the Desk Officer of the Ministry of Health and Family Welfare, Govt. of India, New Delhi by his letter dated 22-6-84 informed the Secretary to the Govt. of Manipur, Medical Department that 15 seats from the Central Pool had been allocated to the State of Manipur for the year 1984-85 as per list annexed to this petition. It is stated by the petitioners that the State of Manipur disclosed only 10 seats at the time of nomination of the candidates out of the select list prepared by the Selection Board. On 14-8-84 the Government of Manipur issued 5 orders allocating seats to respondents Nos. 3, 4, 5 and 6 and another in the B. R. D. Medical College at-Clorakhpur, Regional Medical College, Silchar and Rajendra Medical College, Ranchi. These 5 orders are the main target of attack by the petitioners in this writ application. It is stated by the petitioners that they came to know about the allocations of the seats to the Respondents Nos. 3 to 6 and another in the month of Oct. 1984. But as the High Court was closed on account of long vacation during that period, the petitioners moved an application under Art. 32 of the Constitution of India before the Hon'ble Supreme Court on 18-10-84. It is submitted by Mr. Medhi, the learned counsel for the petitioners that when the application was moved on 7-11-84 before the Hon'ble Supreme Court, the Gauhati High Court then reopened. Their Lordships of the Supreme Court, as stated by Mr. Medhi, by order dated 7-11-84 directed the petitioners to move this Court by filing a writ application under Art.226 of the Constitution of India challenging the orders dated 14-8-84 passed by the Government and the corrigendum dated 21-7-84 purporting to amend R.18(2) of the Admission Rules. Mr. Medhi, the learned counsel for the petitioners could not show any order of their Lordships of the Supreme Court though he has verbally submitted the above facts. However, we do not disbelieve the statements made by Mr. Medhi, learned counsel for the petitioners in this regard.
(2.)For the purpose of allocation and nomination of candidates for admission into M. B. B. S. course, the Government of Manipur in the Health Department has framed a set of Rules known as " The Manipur M. B. B. S. Course (Selection of Candidates) Rules, 1984". The said set of Rules were published under notification dated 2-7-84 in the Manipur Gazette Extraordinary dated 11-7-84. Thereafter, the Government of Manipur felt it necessary to amend the Rules 16(2) and 18(2) of the said Rules and with that end in view, a corrigendum was published on 21-7-84. By the said corrigendum, R.18(2) was amended to the following effect:-
"2. Rule 18(2): The words 'whose names appear in the Select List' appearing in the 5th and the 6th lines between the words Circumstances, and 'not' be deleted".
The expression "Whose names appear in the Select List" was deleted.
(3.)It is submitted by the petitioners that names of none of the respondents, namely, Respondents Nos.3 to 6 appeared in the Select List as prepared by the Selection Board. It is further submitted that there is no record to show that they appeared in the selection test held on 22-7-84. Therefore, the main grievance of the petitioners is that the Respondents Nos.3 to 6 and another would, not have been nominated by the Government for getting admission to the Medical Colleges outside the State of Manipur under R.18(2) of the Rules.
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