- (1.) THE following question has been referred by the Division Bench to the larger Bench for consideration : "whether admission of a candidate applied for reserved quota and entitled to be admitted in M. B. B. S. Course on the basis of his/her own merit, should be first against the reserved quota or against the general category?"
(2.) IT appears to us that the appellants have lost interest in the matter because of long lapse of time and, therefore, none appears for them. But absence of the Government advocate is not understandable. Be that as it may, since the Full Bench has been constituted to decide the reference, we considered the matter in the light of two decisions of the Supreme Court.
(3.) SHEIKH Mohd. Afzal and Spnika bahedia (hereinafter referred to by us, "the petitioners") were not allowed admission in m. B. B. S. Course by the respondents in the year 1995. They filed a writ petition before this Court praying for the following reliefs : " (i) declaring the interpretation placed by the respondents and the illustrations quoted below para 2 (g) of the Guidelines of 1995 to be Illegal and unconstitutional and quashing the same; (11) directing the respondents to give admission to the petitioners in the MBBS study course commencing from the year 1995 against the quota meant for disabled candidate and further declaring the method of computing/filling of this quota by the respondents to be illegal and unconstitutional; (iii) any other appropriate order or direction which may deem just and proper in the facts and circumstances of the case may kindly be passed including award of cost of litigation in favour of humble petitioners. ";