- (1.) In this writ petition, petitioners sought a writ of mandamus against respondent commanding them to fill up the vacancy from the Scheduled Castes and Scheduled Tribes quota and seats meant for such candidates should not be filled up by the general candidates. The petitioners after completion of their studies in B.A.M.S. Ayurvedacharya from Calcutta University sought admission in M.D. (Ayurveda) Degree for Academic Session commencing from the year, 1997. It has been published by the Calcutta University in Clause 30 that 22% and 6% of the seats shall be kept reserved for Scheduled Castes and Scheduled Tribes candidates respectively. Two seats have been reserved for the scheduled Castes only in 'Kayachikitsa Course' for the year 1997. But no reservation has been made in other three different faculties namely (i) Samhita-Sharir (ii) Dravyaguna-Vijnan (iii) Roga-Vijnan and Vikritivijnan.
(2.) The petitioners have further claimed that they are eligible for admission since they secured the requisite marks. Clause 4 of the brochure is quoted below :- "The examination will consist of written test, Viva-Voce examination and the assessment of past career including training as housemanship. Break-up of marks for admission test for M.D. (Ay.) courses are shown below :- (i) Written test 130 marks(ii) Viva-Voce examination20 "(iii) Performance during housemanship5 "(one year housemanship is essential, which will carry 21/2 and 1/2 marks will be increased for every six months of housemanship till five marks)(iv) Assessment of past carrer40 "(percentage of total marks obtained in the past examination should be devided by two and a half and added to the aggregate for assessment).(v) Five marks weightage will be given to the candidates rendering services for continuously at least three years as Pravin Kaviraj (S.A.M.O.) provided the candidate obtains minimum qualifying marks. But in no case double benefit will be given to the candidate.(vi) For written test, there will be one common question paper for all degree courses of Ayurveda Itihas, Fundamental principle of Ayurveda. Rasasastra Drabyaguna, Swasthavritta Agadhatantra Group 'B' will cover all the Clinical subjects-Kayachikitsa, Shalyatantra, Shalakyatantra, Byutavidya, Koumaravritya, Prasutitantra. One hundred thirty (130) objective type questions each bearing one mark are to be answered in 11/2 hours (90 minutes) provided that for each incorrect answer there will be a deduction of 1/2 mark as negative marking."
(3.) In Cl. 5 it has been indicated as follows :- "Eligibility marks for the purpose of selection in the M.D. (Ay.) course be fixed 50% in each of the category mentioned in Clause No. 4.";