- (1.) On 25th September, 1998, we expressed concern on being informed that some of the directions issued by this Court in Sharvan Kumar's case inter alia to the effect that for admitting students against 15% All India Quota, no insistence shall be made by any of the States, to confine admission only to the locals was alleged to have been violated in this case. We had, therefore, desired to examine the record and issued instructions in that behalf. Various affidavits came to be filed thereafter. In one of the affidavits filed by the Dean of Goa Medical College, respondent No. 2, on 16th September, 1998, it was stated as follows :- "That under the circumstances mentioned above, the State of Goa had taken a decision directing the Dean Medical College to ask parents of students to give undertaking that the college authority will not be responsible if any untoward incident happens, although the Govt. of Goa will take all necessary precautionary measures to prevent such incidents and protect the students. That aforsaid decision of the Govt. of Goa seeking undertaking from parents of students intending to take admission to Goa Medical College was duly notified on notice Board of Goa Medical College. That the parents of petitioners who had come to Medical College Goa were requested to give undertaking in the light of decision given by Goa Government."
(2.) On the other hand, in the affidavit filed on behalf of the State of Goa by respondent No. 4 on 28th December, 1998 it was asserted as follows :- "With regard to the contentions undertaking as insisted by the Dean, Goa Medical College, I submit that the said undertaking was insisted upon by the Dean, Goa Medical College and the State Government has not taken any policy decision that the Dean, Goa Medical College should obtain such an undertaking. As per the convention, Dean Goa Medical college is responsible for maintenance of law and order within the Medical College Campus."
(3.) These averments prima facie cannot be reconciled.;