JUDGMENT

DESAI, J.:—At the conclusion of the hearing of the writ petition and the transferred cases on Jan. 24, 1984, the Court pronounced the order dismissing the writ petition and the transferred cases, reserving that the reasons will follow later on. Here are the reasons.

2. To put into focus the controversy, the facts alleged in Writ Petition No. 8964 of 1982 may be taken as representative of the allegations in all allied cases.

3. Nine petitioners in this petition questioned the legality and correctness of admissions to Bachelor degree course for 1982-83 session in Regional Engineering Colleges at Srinagar, simultaneously praying for quashing the admissions of respondents Nos. 5 to 13 and seeking a direction that the petitioners be admitted to the same session.

4. A Regional Engineering College has been set up at Srinagar in the State of Jammu and Kashmir. Third. respondent, Principal of the College by a public advertisement dated March 13, 1982 invited applications for admission to the Bachelor Degree. Engineering Course for 1982-83 session not only in the Regional Engineering College, Srinagar but also in eleven Regional Engineering Colleges set up in different States. Candidates seeking admission had to fulfil the following requirements. They were required to appear at (i) a joint entrance examination in four Papers viz. Physics, Chemistry, Mathematics and English. (ii) candidates who qualify in the written test had to appear at a viva-voce test, (iii) the selections were to be based on the combined performance in the written and viva-voce examination; and (iv) the seats reserved for specified categories were also shown. Pursuant to this advertisement, the petitioners applied and were admitted to the written test and on being found qualified, they were called for viva-voce test. The challenge is to the manner, the method and the number of marks assigned for the viva-voce. Test. Broadly stated, the allegations were that reservation of 15 marks for viva-voce test conferred arbitrary, unguided and uncanalised power on those conducting the viva-voce test and that reservation of 15 marks for viva-voce test would have the pernicious tendency of affecting the merit disclosed by the marks obtained at written examination. There were other allegations which do not merit examination.

5. On rule nisi being issued, respondents Nos. 1 to 3 appeared and one Dr. O. N. Koul, Head of the Mechanical Engineering Department (Co-ordinator Admissions for session 1982-83), Regional Engineering College, Srinagar filed an affidavit in opposition on behalf of the Principal of the College. After pointing out that 85 marks were assigned for written examination and 15 for viva-voce test, it was further pointed out that in order to avoid any charge of arbitrariness being levelled against the Selection Committee 15 marks assigned for viva-voce test were further split-up under four heads, namely, (i) Science 5 marks (ii) General Knowledge 4 marks (iii) Curricular Activities 3 marks and (iv) personality test 3 marks. It, was pointed out that ultimately out of a total of 100 marks, only 3 marks were assigned for personality test and this is the area where if at all, discretion can be exercised which may not be reviewable on any documentary ,evidence. In respect of the three other heads, it was pointed out that the Selection Committee prepared cards on each of which a question was typed referable to the 4 subjects namely, Physics, Chemistry, Mathematics and General Knowledge, and they were kept in 4 different boxes. When the candidate entered the room for interview he was required to pick-up at random one card from each of the, four boxes, each box containing at least 150 cards and answer the question. A tape recorder was kept on the table in front of the members of the Selection Committee and. the. Candidate appearing for the interview and the two-way dialogue was recorded in full. Marks were assigned under each head of viva-voce test depending upon the mer