MOHD YOUSUF DAR Vs. MOOSA RAZA

JUDGEMENT

(1.) BY this order, I shall dispose of two contempt petitions bearing Nos : 153/1989 and 198/1989. Both the petitions are indentical in nature and pertain to the same subject matter, wherein a prayer is made by the petitioners that the respondents be committed to contempt for disobeying the orders of the court in not granting them admission to the MBBS course and they be directed to grant admission to them in that course,

(2.) THE facts giving rise to these contempt petitions are briefly stated, as under: -

(3.) IN response to a Notification issued by the respondents, the petitioners also applied for admission to the MBBS course for the Session 1987 -88. They qualified in the written examination and were called for viva -voce. Thereafter, when the select list was published, they did not find their names therein. That selection came to be challenged in the High Court by some other candidates. A Division Bench of this Court heard the matter. There was a difference of opinion between the learned Judges and the matter was referred to the learned Third Judge. The respondents filed SLPs against the judgments of the Division Bench as also against the judgment of the Third Judge in the Supreme Court, The learned Third Judge has observed that in the open merit category, the cut off point in so far as the boys are concerned is 74.5, whereas in the case of girls it is 68.0. Between the two cut off points for the girls and the cut off point for the boys, there are many candidates who also fit in. It was, therefore, directed that all such candidates who possess better merit than the last girl candidate shall be admitted in the course. In pursuance of the judgment of the learned Third Judge, many candidates were granted such admission after they filed contempt petitions and those admissions have been saved by the supreme court when challenged by the respondents in a S.L.P.