P.SATHASIVAM, J. - (1.)LEAVE granted in both SLPs. C.A. No. 6026/2008 @ SLP (C) No. 17406/2006 This appeal, by special leave, is directed against the judgment and final order dated 28.9.2006 of the High Court of Judicature at Bombay, Bench at Nagpur, in Writ Petition No. 4515 of 2006, whereby the High Court allowed the said writ petition directing the State - Directorate of Medical Education and Research (hereinafter referred to as "DMER") to consider Sneha Satyanarayan Agrawal - respondent No.1 herein for giving seat in Indira Gandhi Medical College (hereinafter referred to as "IGMC"), Nagpur by shifting Kirti Shivajirao Ruikar-respondent No.2 herein to Government Medical College (hereinafter referred to as "GMC"), Yavatmal.
(2.)THE facts, in brief, are as under: On 31.03.2006, Information Brochure for medical courses in Government Colleges in Maharashtra for the academic year 2006- 2007 was published and accordingly MHT- CET, 2006 was conducted on 21.05.2006 throughout Maharashtra. First round for verification of documents and filling of preference forms took place during 28.6.2006 to 6.7.2006 and accordingly, on the basis of the same, final allotments were made on 14.7.2006 thereby mentioning 21.7.2006 as the last date for joining. In the first round, admissions were given as under: JUDGEMENT_193_JT11_2008Html1.htm In IGMC, Nagpur, twelve seats for women open category were vacant, and as per the Rule, 30% seats have to be filled up from State and 70% seats have to be filled up from Region i.e. four seats from State and eight seats from Region have to be filled up. On 24.8.2006, in the second round of counseling, considering vacant seats and the preference as given by the candidates in the Preference Form, two candidates, namely, 1) Purbi Rabindra Acharya (SML No. 634) - who was admitted in Indira Gandhi Medical College, Nagpur in 30% State quota, preferred and joined B.J. Medical College, Pune and 2) Anuradha Kamalkishore Rathi (SML No. 703) who was also admitted in Indira Gandhi Medical College, Nagpur in 30% State quota preferred and joined Government Medical College, Nagpur. THErefore, two seats in 30% State quota were vacant. Accordingly, Deepika Mishra, SML No. 844 and Kirti Ruikar, SML No. 869 were given admission against the vacant seats. In view of the same, seats in their earlier places were vacant and two candidates were accommodated. Second round of admissions was finalized on 24.8.2006 and the list was published on 25.8.2006 mentioning 30.8.2006 as the last date for joining. On 28.8.2006, respondent No.1 herein submitted a representation to DMER by fax informing that the admissions of respondent Nos. 2 and 3 are in violation of Rules depriving her to exercise her higher preference and betterment. However, no action was taken. Being aggrieved by the conduct of the Government, respondent No. 1 approached the Bombay High Court, Nagpur Bench by filing a writ petition. On 15.9.2006, respondent No.1 herein filed an application impleading Deepika Mishra as a party respondent and the same was allowed. On 28.9.2006, after hearing the parties, the High Court disposed of the writ petition, by pronouncing only operative part of the judgment, thereby directing DMER to consider shifting of Kirti Ruikar from Indira Gandhi Medical College, Nagpur to GMC, Yavatmal and shifting of Sneha Agrawal, respondent No.1 herein from GMC, Yavatmal to Indira Gandhi Medical College, Nagpur. Later on, on 12.10.2006, full judgment was delivered. In the meantime, the entire admission process was over. Challenging the judgment dated 28.9.2006, the State of Maharashtra has filed the present appeal by way of special leave petition before this Court. Civil Appeal No.6027/2008 @ SLP (C) No. 17832 of 2006
This appeal has been filed by respondent No.1 in S.L.P. (C) No. 17406 of 2006 against the judgment of the High Court of Judicature at Bombay, Nagpur Bench, dated 28.9.2006 in Writ Petition No. 4515 of 2006 challenging the judgment on the ground that the High Court has not issued any direction to correct the error committed by the respondents.

Heard Mr. Shekhar Naphade, learned senior counsel, appearing for the appellants and Mr. Shivaji M. Jadhav, learned counsel, appearing for the respondents.

(3.)THE contention of the first respondent herein, before the High Court, was that while preparing merit list of the second round of IGMC Women Category candidates, first four seats must go to the 30% category and next eight seats must go to the 70% category i.e., State List and Regional List respectively. It was also her claim that in terms of Rule 2.3.1 of Information Brochure of Preference System for admission to Health Science Courses of MHT-CET, 2006 published by the Directorate of Medical Education and Research, this pattern has to be followed in each round while filling up seats in any College/Institute. It was her further claim that every vacant seat is required to be filled in on the basis of the merit and the preference taken together and no single factor can be operated at any point of time i.e., at any later round. It was also the claim of the first respondent that while considering the preference for betterment, the seats meant for 30% quota and 70% quota cannot either way be altered and the seats meant for 30% quota must be filled up according to merit depending on the preference from that category only.
On the other hand, it was the claim of the Competent Authority that the procedure carved out by the Directorate of Medical Education and Research in the Information Brochure of Preference System for admission to Health Science Courses MHT-CET, 2006 has been strictly followed and it was followed from the very beginning. The Authority also denied the contention of the writ petitioner - first respondent herein, that there was any deviation from the rules which is part and parcel of the procedure for admission to MHT-CET, 2006.