- (1.) The order under challenge is dated 14th June 2013 whereby the trial court dismissed the writ application on the basis of an unreported decision in MAT 2712 of 2007 (Prabir Kumar Moitra & Anr. Vs. Maitrajee Rooj) and Nazir Hossain vs. State of W. B. & Ors. Counsels for the appellants Rakshit and Saha submit that the decision in Rooj's case and Nazir Hossain's case are distinguishable on facts as it was on the ground of fraud and misrepresentation that the writ petition in Rooj's case had been dismissed.
(2.) There is no fraud in the instant case and the decisions on which reliance has been placed by the Trial court could not have formed the basis of the order dated 14th June 2013. As the Trial Court has held that no element of fraud was involved in the instant case, therefore, the writ petition ought to have been allowed.
(3.) For admission to the BHMS course an advertisement was issued. The minimum qualification needed was as follows: "4. Minimum qualification: No candidate shall be admitted to the B.H.M.S (Degree) Course unless he has:- (a) Passed the Intermediate Science or its equivalent examination with Physics, Chemistry and Biology as his subject; (b) Attained the age of 17 years on or before 31st December of the year of the admission to the first year of the Course.";