SHARMA, J. - (1.) THIS petition has been filed on behalf of the six petitioners. However, at the out set the counsel for the petitioners submits the petition has been rendered infructuous in respect of petitioners No.3, 4, 5 & 6 in view of the fact that they have been admitted into the post graduate MD/MS Ayurveda course.
(2.) BY this writ petition, the remaining petitioners No.1 and 2 seek the following reliefs : (i) By an appropriate writ, order or direction the action of the respondents in not giving admission on all the 104 seats advertised by the respondents and for which entrance examination was held for admission to MD/MS Ayurveda, 2011, may kindly be declared to be illegal and the same may be quashed and set aside; (ii) By further an appropriate writ, order or direction the reduction of number of seats from 104 to 64 by the respondents may also kindly be declared to be illegal and the same may be quashed and set aside and the respondents may be directed to give admission in MD/MS Ayurveda, 2011 against att the 104 seats and in case the petitioners are found entitled for admission, the respondents may be directed to give admission to the petitioners in MD/MS Ayurveda 2011 pursuant to their success in JPGEE, 2011 with all consequential benefits. The facts of the case are that having passed Bachelor in Ayurved Medicine and Surgery (BAMS) examination from the Rajasthan Ayurved University, Jodhpur, the petitioners in response to an advertisement for admission to post graduate (MD/MS) Ayurved course wrote the Joint Post Graduate Entrance Examination (JPGEE) held pursuant to an online advertisement for admission to Ayurved Vachaspati / Ayurveda Dhanvantari (MD/MS Ayurveda) for the academic session 2011 12 in the National Institute of Ayurveda, Jaipur and IPGT & RA (Institute of Post Graduate Training and research in Ayurveda), Jamnagar and Government Akhandenanda Ayurveda College, Ahmadabad. In the prospectus for JPGEE in table No.2 depicted the Subjects, Reservation and Availability of Seats in NIA, Jaipur. A note was however appended to Table No.2 stating that for the academic session 2011 12, the status of seat and number of seats in different specialties would be finalized on the basis of final approval of CCIM/ Department of AYUSH and accordingly the status of reservation would if necessary be re defined. Provisionally, however, the aggregate number of seats under Post Graduate (MD/MS) Ayurveda in various disciplines was indicated as 104 seats.
(3.) THE petitioners wrote JPGEE held on 03.07.2011 and were initially included in the list of successful candidate the result whereof was declared on 08.07.2011. The petitioner No.1, Arvind Kumar was placed at the 8th rank in General Category and the respondent No.2, Rashmi Mutha was placed at the 10th rank in General Category.;