D.V. Sehgal, J. - (1.) The petitioners filed the present writ petition praying for issuance of a writ of certiorary to quash the system of marking for selection for admission to DM/M. Ch Residents in the Post Graduate Institute of Medical and Education Research, Chandigarh, respondent No. 2. Their grievance was that admission to DM/M. Ch. should be made by the respondents solely on the basis of the admission test and that the eligibility for the admission test should be open to all the candidates who hold the post-graduate qualifications of M.D./M.S. or M.A.M.S. For the purpose of eligibility to take the admission test, no merit should be prepared on the basis of system of marking for selection as laid down by respondent No. 2 in Annexure P.2, nor should these marks be added to the marks obtained by the candidates in the admission test for determining the merit for admission to DM/M. Ch. course.
(2.) When the petition came up for motion hearing, a Division Bench of this Court vide order dated 18-12-1985 allowed the petitioners to sit in the examination (the admission test) at their own risk. It is admitted on both sides that the admission test was held on 21-12-1985 and one Gurpreet Singh Roll No. 505 obtained the highest marks in the test and both the petitioners lagged behind. It is also admitted on both sides that there is only one seat in the DM Course to which Gurpreet Singh, who was the highest in the merit, has been admitted. I have gone through the record produced before me. I am satisfied that even on excluding from consideration the system of marking, Annexurc P. 3 impugned through the present writ petition and solely determining the merit on the basis of the marks obtained by the candidates including the petitioners, in the admission test, Gupreet Singh stands highest in the merit and has thus been rightly admitted to the said Course by respondent No. 2.
(3.) In this view of the matter, it would be wholly unnecessary and purely academic to discuss and determine the legality of the system of marking as envisaged by Annexure P. 3 which is the subject-matter of challenge in the present writ petition because even if Annexure P. 3 is quashed the petitioners would not rank higher to Gurpreet Singh who has been admitted to the Course. Consequently this writ petition is dismissed as infructuous. No costs. Petition dismissed.;