ORDER

1. This petition has been filed by the State of Himachal Pradesh challenging the order of the Division Bench of the High Court of Himachal Pradesh in CWP No. 378 of 1994 whereby it allowed 34 students admitted to the respondent-Institute to continue their studies after regularisation of their admission. It was directed that the Board should conduct the examination and allow these 34 students to sit in the examination and declare the results and any student who fails to obtain the qualifying marks in the 1st and 2nd semesters would be subject to the Boards decision made in accordance with the rules permitting them to appear in those subjects. The learned counsel for the Institute invited our attention to the decision of the Constitution Bench in Unni Krishnan, J.P. v. State of A.P. [(1993) 1 SCC 645] Our attention was particularly drawn to the Scheme set out in para 210 of that judgment. Broadly speaking, according to the Scheme, students seeking admission are to be divided into two classes, namely, those to he admitted purely on merit basis and those to be admitted on payment basis. The merit was to be determined on marks obtained at the entrance test or examination. Fifty pe