- (1.) HEARD the learned Advocates appearing for the parties.
(2.) IN terms of our earlier order the appeal as arose out of rejection of the interim order, as prayed for, and the writ application both are taken up for final bearing. The respective parties have filed their respectivce affidavits-in-opposition and the replies thereof. Since the issue involved herein relates to the simple question as to whether 100 point roster as was directed to be followed by issuing information Booklet and the brochure for admission and on the basis of which selection process started for selecting the meritorious candidates for admission in the Master of Dental Surgery course, hereinafter referred to as MDS course for brevity, could be changed and modified after rank position of the respective candidates in the written test was declared and very precisely at the time of counselling by any roster schedule, namely, 1050 point roster by starting the roster point from the initial first point of such 1050 point roster. In view of such position, this Court directed the counselling authority, the delegatee of the West Bengal University of Health sciences, hereinafter referred to for brevity WBUHS, to file affidavit answering the point. In response thereof, the respondent No. 2, Prof. Jayasri mitra who is holding the post of Director of Medical Education, has filed an affidavit by contending, inter alia, that there is no Government order, rules and regulations to follow the 1050 point roster as was considered by her at the time of counselling of the candidates and on the basis of which the candidates were allowed to be admitted following the first point of such 1050 point roster in respect of the five open seats as available to the candidates. It has been contended therein that 1050 point roster was followed only because 50% of the seats which are All India Quota, has been filled up by the concerned authority following 3020 point roster to match that huge number of candidates selected for admission in the different courses. Before going through in the nucleus of the writ application, more precisely the grievance as raised by the writ petition/appellant, the factual matrix of the case is required to be discussed.
(3.) THE admission in the said MDS course is controlled by the two authorities; one by the said University as referred to, in respect of 50% of the Quota which is called the State Quota whereas the rest 50% of the total seats which is All India quota is filled up following the procedures by the authority of the Central government. It is an admitted position that in the academic sessions 2007 total 14 seats were declared to be filled up for undergoing MDS course by the eligible candidates. Out of these total 14 seats, naturally 50% was All India Quota and another 50% remained under the State Quota. The State Quota is also subdivided into two parts; one Government sponsored candidates and another non-Government sponsored candidates which has been declared by the University in their brochure as open seat by fixing the number of the respective categories, namely for Government sponsored quota two seats and for open seat quota five seats. The University authority issued information Booklet containing the rules for admission to MDS course of the year 2007 and in the website this Information booklet also was introduced for the purpose of understanding of the rules by the eligible candidates. In this Booklet under clause 6. 2 under the heading "reservation of Seats". It has been specifically provided that 100 point roster as is being maintained by the University would continue and the starting point of such roster would be 14 in respect of open scats and in respect of Government sponsored candidates 5. Clause 6. 2 reads such: " 6. 2 Seats at the rate of 22%, 6% and 3% will be kept reserved for the SC, st and Physically Handicapped candidates respectively for both Govt. sponsored and Open scats. 'physically Handicapped' means 'persons with disabilities' as defined by MCI, i. e. , 40-60% disability involving the lower limb (s) only. The Government order and/or the Court/dci directives which will be in force on the respective day of counselling will be followed for this purpose. 100- point rosters are maintained by the University and in 2007, the starting point is 5 for Govt-sponsored candidates and the starting point for open scats is 14. ";