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2. The College vide its No. Assoc/CET/M&D/205 dated 11.02.2014 issued Admission Notice calling applications from eligible candidates for admission to two seats under the NRI quota in MS/MD courses, one each in General Surgery and Anaesthesia, for Academic Session, 2014-2015. The College uploaded the application form alongwith brochure laying down the conditions for the 'NRI/NRI Wards seats'. Last date of receipt of applications was fixed as 07.03.2014. Clause 4 of the brochure laid down the eligibility for admission under the NRI quota.

5. After the Common Entrance Test, the College published its result notifying the four candidates who succeeded in securing more than 50 per cent marks. Respondent, Shagun Mahajan, with 116 merit points, ranked 1st Jeevitesh Khoda, with 107 merit points, ranked 2nd and respondent, Misbah Tabassum, with 105 merit points, ranked 3rd . Petitioner, having obtained 102 merit points, ranked 4th. The College in the first instance vide Admission Notification No. ASCOMS/FS/NRI/501 dated 18.04.2014, while notifying the names of the four candidates having secured the qualifying marks, granted admission to respondents, Shagun Mahajan and Jeevitesh Khoda figuring at serial Nos. 1 and 2 and called them for joining the course. Shagun Mahajan was allotted MS, Surgery and Jeevitesh Khoda MD, Anaesthesia.

8. Petitioner, thus:

I. By the medium of OWP No. 572/2014 seeks issue of writ order or direction in the nature of certiorari to quash Admission Notification No. ASCOMS/FS/NRI/501 dated 18.10.2014, whereby respondents, Shagun Mahajan and Misbah Tabassum have been selected for admission to MD/MS courses in General Surgery and Anaesthesia under NRI category , II. Writ order or direction in the nature of mandamus declaring respondents Shagun Mahajan and Misbah Tabassum as ineligible for seeking admission under NRI quota and III. Writ order or direction in the nature of mandamus directing respondent No. 2 (the College) to admit the petitioner to MD Anaesthesia course under NRI quota.

47. Contextually, it is and it needs to be noticed that as per the notice calling applications, two seats in MS/MD courses, one each in General Surgery and Anaesthesia, were to be filled up under the NRI quota. The application forms received by the College, which are available on the record produced on behalf of the College, would show that respondent No. 3(Shagun Mahajan) had given MS Surgery as her first choice and MD Anaesthesia as second choice. Respondent No. 4(Misbah Tabassum) likewise had given MS Surgery as her first choice and MD Anaesthesia as second choice. Petitioner, however, had given MD Anaesthesia as his first choice and MS Surgery as second choice. As the order of preference given by respondents 3 and 4, who were given the admission, was the same, the College allotted MS Surgery to respondent No. 3(Shagun Mahajan) and MD Anaesthesia to respondent No. 3(Shagun Mahajan). This seems to have been done on the basis of rank position secured in the common entrance test. Had the respondent No. 3 not been granted admission in that case in order of merit MS Surgery would have gone to respondent No. 4 and Anaesthesia to the petitioner.