ORDER

1. Special leave granted.

2. The Government of India, Ministry of Health and Family Planning by its order dated 20-1-1976 approved the West Bengal Governments proposal for upgrading the Postgraduate Training and Research Department (Kayachikitsa) on certain conditions including that the college should be affiliated to a recognised university, the upgraded Department should have an all-India character and 50% seats should be reserved for outside candidates, if forthcoming. With a view to maintaining a high standard, the Department decided to admit candidates strictly on merit to be determined on academic achievements and results in written and viva voce tests for selection. A committee of experts was entrusted the task of selecting the candidates for admission. That Committee had accepted minimum 50% marks as the norm for selection.

3. In 1988-89, for six seats advertisement was issued and intending candidates applied. The respondent who hailed from outside the State applied in the quota reserved for such candidates. All the outside State candidates competed for the three seats reserved for them and appeared for the selection test. None of those who appeared met the minimum re