Arun Tandon, J. - (1.) These two writ petitions have been filed by eight candidates who appeared in the entrance test conducted by Bundelkhand University, Jhansi for admission to Master of Pharmacy course in four discipline namely M - Pharm (Pharmaceutical Chemistry), M - Pharm (Pharmacology), M - Pharm (Pharmacognosy), and M - Pharm (Pharmaceutics) for academic session 2006-07, a two years degree course in pursuance of advertisement published on ⅔rd May, 2006.
(2.) The applications made by the petitioners were processed and they were allotted roll number. Petitioners appeared in the entrance test held on 28-6-2006. Some of the petitioners are members of OBC/SC/ ST category. Petitioners allege that they have secured more than 170 marks out of 300 maximum marks in the entrance test and having regard to the terms and conditions of the brochure published, inviting applications for the concerned course they are entitled for weightage of 15% marks (Reference Clause (11)) which reads as under : "11. Candidate taking in the under mentioned category shall be given additional weightage of 15% of percentage of marks obtained by them in the admission test subject to satisfying the condition mentioned in Clause-7 above. (a) Candidates who have passed the qualifying examination from Bundelkhand University. The minimum academic qualification prescribed for making an application under the Brochure was B-Pharma with at least 55% marks. The result of entrance test was published on 15-9-2006."
(3.) The first list of qualified candidates invited for counselling was published by the University which comprised of 57 candidates. In the list the candidates who had qualified GATE examination i.e. Graduate Aptitude Test in Engineering conducted by GATE, Committee alone were included irrespective of the inter se merit of the candidates as per the marks received in the entrance test. Petitioners who were not GATE qualified were not included in the said call list. Similarly in respect of 2nd 3rd and 4th counselling which had taken place, the candidates who were GATE qualified, have been invited for counselling irrespective of the marks secured by them before consideration of the candidates who were not GATE qualified. This led to the filing of present writ petition.;