- (1.) Heard the learned counsel for the appellant.
(2.) This appeal is directed against the order of the learned Single Judge dtd.14.2.2005 allowing the writ petition filed by the respondent No.1.
(3.) The respondent No.1 who had secured merit position at 408 was allotted payment seat for pursuing nursing course and was allotted to the present appellant in the order of his merit. The respondent petitioner having come to know that free seat has been offered to another student standing lower in the order of merit , filed writ petition No.553/2004 which came to be allowed vide judgment under appeal finding that it is admitted case the petitioner's number in the merit was 408 and the respondent No.5 who was allotted free seat was standing at serial No.726 according to the State Government whereas according to the respondent No.5, his merit was 508. It goes without saying that he was much lower in merit. The explanation given by the State Government for this anamoly was that at the time when the admission was given to the petitioner, payment seat was available, but because later on some persons left the course, the respondent No.5 was admitted to free seat. This explanation was not found justifiable for allotting free seat to the person lower in merit by the learned Single Judge with which we agree. Admittedly, free seats are allotted on the basis of merit.;