- (1.) Both the appeals are taken up for hearing as both Mr. Asok Banerjee, learned Senior Advocate and Mr. Rajarshi Haider, learned Advocate appearing for the respective respondents/writ petitioners waive service of notice of appeal.
(2.) These two appeals have been directed against a common interim order passed on 8th April, 2011, by the learned Trial Judge in the writ petitions. Upon hearing learned Advocate General with Mr. De, learned Senior Advocate for appellants and Mr. Banerjee for respondents/writ petitioners in the first mentioned appeal, arid Mr. Haider for writ petitioners/respondents in the second mentioned appeal, we dispose of the appeals and the applications connected therewith by the following judgment and order, dispensing with all formalities. The respondents/writ petitioners herein in both the matters approached the learned Trial Judge challenging the evaluation of their performances in the written test for admission to Post-graduate Medical Courses. The matter is awaiting final hearing on affidavits. Learned Trial Judge being persuaded with urgency of the matter has passed impugned order allowing the respondents, writ petitioners to participate in the counselling exercise that is being undertaken under the relevant rules and regulations and to be empanelled provisionally though not declared being eligible in the written test. Admittedly, all the writ petitioners are not declared to be qualified or eligible to participate in the counselling exercise going by the decision of the appellants. Whether they are eligible or not is yet to be decided by the learned Trial Judge. It appears that the learned Trial Judge has passed an order almost having the effect of granting final relief.
(3.) Learned Advocate General appearing for the appellants in both the appeals, upon instruction, submits that his client is prepared to set apart 21 (twenty one) seats till the writ petitions are heard out and those seats are meant for the writ petitioners and to be filled up after the decision is taken by the learned Trial Judge. In view of the statements having been made, we now proceed to deal with the matter accordingly.;