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Considering the above facts and to eliminate the disparity, it was decided to raise the total marks of all candidates by adding 50 marks in Biology paper and 25 marks in Mathematics paper. While preparing the position-mark relationship of the merit list, these will be accordingly added."

12. In this connection, it may be pointed out that those seeking admission in the Engineering and Technological Colleges have to appear at the Joint Entrance Examination in English, Physics, Chemistry and Mathematics and those seeking admission in Medical Colleges have to appear in the said examination in English, Physics, Chemistry and Biology. It is the case of the Board that as per the resolution of the Confidential Subcommittee and approved by the Board, grace marks of 50 in Biology have been given to all candidates seeking admission in Medical Colleges and grace marks of 25 in Mathematics have been given to all candidates seeking admission in Engineering and Technological Colleges. As the grace marks have been given at flat rates to all candidates, none has been prejudiced or could be prejudiced, their respective positions in the merit list remaining the same. After the tabulation works were completed, these grace marks have been given as per the said resolution of the Confidential Sub-committee dated July 3, 1982 and as approved by the Board on July 7, 1982. The reason for giving such grace marks at flat rates to all candidates has been explained before us by Mr. Arun Prokash Chatterjee, learned Senior Standing Counsel appearing on behalf of the Board. It has been stated by him that the Indian Medical Council directed that no candidate seeking admission to Medical Colleges shall be admitted unless he obtained certain marks in the aggregate. Our attention has been drawn by him to a notification of the Government of West Bengal which is said to have been issued in accordance with the said direction of the Indian Medical Council. In the Government notification, it has been stated, inter alia, that copies of the merit list of the candidates securing at least 50% marks (40% marks in the case of SC and ST candidates) in the Joint Entrance Examination conducted by the Board for the purpose of admission to the M. B. B. S. Course in the Medical Colleges in West Bengal in the Academic Session 1982-83 will be hung up on the notice boards of all the Medical Colleges in West Bengal on July 10, 1982. We are told that as the result of many candidates fell short of 50% of marks, the Confidential Sub-committee recommended giving of grace marks to all candidates at flat rates, namely, 50 marks in Biology to candidates seeking admission in Medical Colleges and 25 marks in Mathematics to candidates seeking admission in Engineering and Technological Colleges. It is submitted that if grace marks had not been given, many seats in those colleges could not be filled up. 13. At the hearing of the Rule Nisi, it was contended on behalf of the writ petitioners that the formation of the Board to hold examination for admission to Engineering, Medical and Technological Degree Colleges was contrary to the provisions of the Calcutta University Act, 1979. The impugned order of the Government dated July 7, 1981 constituting the Board and the rules framed thereunder for holding the Joint Entrance Examination were illegal and without jurisdiction. Such formation and constitution of the Board by the Government was in excess of the power conferred by Article 154 of the Constitution. It was submitted that the Board had no authority to delegate its duty of selection of candidates for admission to Engineering, Medical and Technological Degree Colleges to the Central Selection Committee which was not even envisaged by the said Government order constituting the Board. Further, no authority having been conferred on the Board by the said Government order to frame rules, the rules framed by the Board for the Joint Entrance Examination, 1982 were illegal and without jurisdiction. Apart from the said Government order, the rules not having provided for any review of the answer scripts and any opportunity to the candidates to see their answer scripts, such rules were opposed to the principles of natural justice. It was submitted that the answer scripts were not properly assessed and grace marks were given to a selected few and, accordingly, the result of the examination should be cancelled.

14. The learned Judge, after considering the submissions made on behalf of the par-tics and the facts and circumstances of the case, came to the findings that the constitution of the Board was illegal, that the Board had no authority to constitute the Confidential Sub-committee and also the Central Selection Committee, that the rules framed by the Board were unauthorised and also violated the principles of natural justice inasmuch as it did not make any provision for review of answer scripts, that the said Government order dated July 7, 1981. constituting the Board was ultra vires Article 154 of the Constitution read with Section 52 (a) of the Calcutta University Act, 1979. Further, the learned Judge held that apart from the resolution dated July 3, 1982 of the Confidential Sub-commit lee being arbitrary and unreasonable, grace marks have been given to some selected candidates while denying the same benefits to others. The learned judge concluded that the entire result of the successful candidates was wholly illegal and had been stained with arbitrariness, unreasonableness and discrimination.

36. The writ petitioners have also challenged the validity of the rules framed by the Board for the Joint Entrance Examination, 1982 on the ground that such rules have not provided for any post-publication scrutiny or for review of the answer scripts, and that they have conferred arbitrary and unreasonable power on the Board to send the result of the Joint Entrance Examination to the colleges and to the Central Selection Committee after holding the selection test of the candidates. It is also the contention of the writ petitioners that as by the impugned Government order, the Board has been entrusted with the duty of selection of candidates for admission to the above Degree Colleges, the Board should have framed rules for effectively and properly discharging its functions in the matter of holding the selection test and in publishing the result including the preparation of the merit list, but the Board cannot by framing rules delegate some of its essential functions to the Central Selection Committee, tie formation of which is totally invalid being in contravention of the powers conferred by the impugned Government order.

37. The above contentions of the writ petitioners have been upheld by the learned Judge. It has been held by the learned Judge that tine rules framed by the Board which provide that there will be no post-publication scrutiny or review of answer scripts, nor the result would be published, is arbitrary and unreasonable and, accordingly, invalid and unenforceable. In coming to the said finding, the learned Judge has placed reliance upon a decision of the Bombay High Court in Paritosh Bhupeshkumar Sheth v. Maharashtra State Board of Secondary and Higher Secondary Education, Pune, and also a decision of the Supreme Court in Chief Settlement Commr. v. Om Prakash, , wherein it has been observed that in OUT constitutional system, the central and most characteristic feature is the concept of the rule of law, which means, in the present context, the authority of the Law Courts to test all administrative actions by the standard of legality.