S.K.Mookherjee, J. - (1.) This is a matter where considering the circumstances and the reasons, as noted in my order, dated 9th of March, 1990, I issued an order for provisional admission of the writ petitioner in the M. D. Course in Radiotherapy. Immediately after the said order was passed, Mr. Samaresh Banerjee appeared and mentioned the matter upon notice to Mr. Chatterjee informing the court about the circumstances under which he could not represent the University at the one the aforesaid order was passed and prayed for rehearing of the matter. The matter has thus been reheard. For appreciating the impact of an order for provisional ad-mission fully, the sensitive nature of the situation under which such an order is asked for has to be borne in mind. From the standpoint of a student-petitioner, a provisional admission is a boon as it helps him to reduce the chances of loss of benefit due to delayed solution of the dispute raised by him, Grant of such an order by a Court of law, however, is not a simple process, as, a Court cannot afford to overlook the injustice that would be caused to .those of the students who, prima facie, have better merits but are not before the Court. It is hardly necessary to emphasize that such orders are intended to provide interim relief in aid of the final relief and as such have to pass through well-known tests, such as, prima facie case and balance of convenience as in the case of other types of interim orders.
(2.) Mr. Chatterjee's submissions, in justification of his prayer for provisional admission, can be broadly classified as those, which are technical in nature, and others which are on merit in the facts of the present case. The following contentions fall in the first class: (a) Fixation of minimum qualifying mark of 30 through general information is ultra vires the Regulations of the University. Through such General Reformation the Faculty Council cannot supersede the Regulations framed by the Syndicate which provide for different bases for selection of candidates for admission into M.D. Course as the seats are limited. (b) The second point is an off-shoot of the first as Mr. Chatterjee has contended that even if no candidate, who has obtained qualifying mark, is available, the seats meant for West Bengal Health Service cannot be surrendered for the benefit of students in the General Discipline, which has been done in the instant case. The two seats should have been filled up in order of merit from the. W.B.H.S. Candidates irrespective of absence of qualifying marks.
(3.) As far as submissions on merits is concerned, Mr. Chatterjee's contention has been that the questions set for being answered are demonstratively incorrect, inappropriate and/or ambiguous and as such the examination held on the basis of such questions is no examination. In this connection, Mr. Chatterjee has also argued that questions with regard to which "the most appropriate" answer has been asked for, upon consideration of he authoritative Text Books, have more than one appropriate answer and there has been no moderation of the questions-a situation which has been exceptional and has occurred only in the case of Radiotherapy. Mr. Chatterjee has endeavored to substantiate his submissions by elaborate references to the averments in the writ application and has emphasized the existence of a strong prima facie case in view of absence of any affidavit-in-opposition from the side of the University-respondents. According to Mr. Chatterjee, the balance of convenience also is in favour of maintenance of the order dated 9th of March, 1990 as, if ultimately, his client fails in the writ proceeding, there is no chance of any prejudice being caused to any one including the University-authorities due to his client's provisional admission into the concerned course.;