SRINIVASAN C.J. - (1.)The petitioner applied for appearing in the common entrance test 1997 for admission in the M.B.B.S./B.D.S and B.A.M.S. courses. Application was rejected by a communication dated 6 -6 -1997 on the ground that the petitioner had not passed two out of three examinations from the Schools located in Himachal Pradesh State. The communication is said to have been received by tae petitioner on 14 -6 -1997. The petitioner sent a representation on 17 -6 -1997 to the Controller of Examination stating that she claimed exemption under Clause IV (iii) of the prospectus as her father is an officer in the Nationalised Bank (Punjab National Bank) which is fully owned by the Government of India under the provisions of Banking Companies Transfer and Acquisition Act, 1970 and a bana fide Himachal. The petitioner followed it with another representation on 20 -6 -1997 in which it was stated that the question of eligibility may be considered in the light of criteria laid down in the prospectus and it was stated that the rejection was improper and on extreneous grounds not set out in the prospectus.
(2.)In this writ petition the petitioner has produced a copy of pages 4 and 5 of the prospectus said to have been obtained by her. In that copy the relevant clause reads as follows : Candidates who have to compete for admission to Indira Gandhi Medical College, Shimla................should have passed atleast two of the following examinations from the recognized Schools or Colleges affiliated to ICSE/CBSE and H.P. Board of School Education or equivalent Boards/University established by Law in India. (a) Middle or Equivalent, (b) Matric or Equivalent. (c) 10 + 2 or Equivalent. -
(3.)It is contended that the clause does not specify that the Schools must be situated within the State of Himachal Pradesh as stated in the communication of rejection dated 6 -6 -1997.