JUDGEMENT
Pranab Kumar Chattopadhyay, J. -
(1.) In this appeal this Court is called
upon to interpret the rules relating to the benefit of reservation provided for
the children of the Deputationists and Central Government employees with
transfer liability to serve outside the Union Territory.
(2.) The petitioner herein has raised objection against the decision of the
respondent authorities regarding inclusion of the name of the respondent No.5
(Priya Singh) as the candidate under Category-II and enlisting the name of the
said respondent No.5 in the merit list published for the Academic Session
2005-2006 on the ground that the said respondent No.5 completed her studies
in the Academic Session 2004-2005 and passed the qualifying examination from
a school in these Islands. It has also been submitted on behalf of the petitioner
that the said respondent No. 5 along with her family members left Port Blair in
the year 2004 and now studying in Chennai. It has been specifically urged
before this Court that the name of the respondent No. 5 cannot be considered
under Category-II as the father of the said respondent No. 5 already left these
Islands after completing his tenure and he is no more in service in these Islands.
(3.) The petitioner herein applied for reserved seat under Category-II in MBBS
Course for the Academic Session 2005-2006 and her name has been figured in
the provisional merit list dated 15th July, 2005 at Serial No. 3 in respect of the
reserved candidates for Category-II. The name of the respondent No. 5 has also
been mentioned at Serial No. 2 for the Academic Session 2005-2006. It is not in
dispute that the respondent No. 5 also applied for admission under reserved
quota for the Academic Session 2004 - 2005 and her name figured at Serial No.;
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