- (1.) In this petition counter and rejoinder affidavits have been exchanged and learned counsel for parties have agreed that this petition may be decided finally at this stage.
(2.) Facts, in short, giving rise to this petition are that petitioner Rekha Somani passed her Intermediate Examination from Central Board of Secondary Education and then she appeared in All India Pre-Medical/Pre-Dental Test of 1995. In this test, she was declared successful and shown at serial No. 135 in order of merit on All India basis. She was admitted in Seth G. S. Medical and King Edward VII Memorial Hospital, Bombay. Petitioner also appeared in the Entrance test for M. B. B. S. Course for seeking admission in Banaras Hindu University with Roll No. 30951. She was declared successful and her name found place at serial No. 28 in the first list of the selected candidates published on 16-8-1995. She wasrequired to appear for interview before Admission Committee on 31-8-1995. On 31-8-1995, however, she could not appear. She sent an application through her uncle Shri Vimal Maru, a local resident of Varanasi. In this application it was mentioned that petitioner was suffering with high fever and was unable to appear before the Admission Committee. In support of this application an affidavit of the same date was also filed before the Director. Copy of the affidavit has been filed as Annexure 5 to this writ petition. Along with this affidavit, medical certificate dated 31-8-1995 given by Dr. G. M. Mehta of Bombay, School leaving certificate, statement of marks of Certificate of Secondary Education Examination and Senior School Certificate Examination, migration certificate etc. were also filed. It has been stated in the writ petition that respondent No. 4, the then Director of the Institute of Medical Sciences, assured the uncle of petitioner that petitioner will be interviewed on some other date. The next list was published and the selected candidates were to be interviewed on 15-9-1995. It is stated that on 13-9-1995 petitioner came to Varanasi and contacted the authorities and requested for the opportunity of interview on 15-91995 along with other candidates. However, she was not allowed interview. The third interview was held on 30-9-1995 but petitioner was not interviewed on this occasion also in spite of representation made to the Vice Chancellor and the Director of the Institute of Medical Sciences and aggrieved, the petitioner filed this writ petition on 11-10-1995 in this Court under Article 226 of the Constitution seeking relief of a direction to the respondents to permit petitioner to appear before the Admission Committee and further to give her admission in the M. B. B. S. Course in the Session 1995-96. The writ petition was entertained on 12-10-1995 and this Court passed the following interim order : "In the meantime, the respondents are directed to permit the petitioner to appear before the Admission Committee which is scheduled to be held on 16-10-1995, subject to the condition that she fulfils all the formalities and produces all the relevant papers in accordance with the admission Rules and the result of the same shall be declared. However, the interview before the admission committee and the result thereof shall be subject to the result of the present writ petition."
(3.) Against this interim order, Special Appeal No. 810 of 1995 was filed which was decided on 17-10-1995 and the following direction was given : "In the facts and circumstances of the case, we consider that it would be just and proper if the authorities are directed to permit the Ist respondent herein, Kumari Rekha Somani, to appear for the interview on 19-10-1995. However, if she is selected, she shall not be admitted in the course pending disposal of the writ petition and one seat shall, however, be reserved for her. Her selection will be subject to the final order that may be passed in the writ petition."It was further mentioned that the selection shall be subject to fulfilment of all the requirements under the Admission Rules.;