JUDGMENT Swatanter Kumar, C.J. - The law is essentially mutable and requires to mould itself with the changing need of the society. In some spheres, the laws emerge from values, discipline and progression of the society as a whole. The laws normally emerge from the need of the social fabric and they meliorate for the betterment, development and progression of laws as well as administrative governance. Sometimes, the law changes by amendments or new enactments as the Legislatures feel credulous of such change. It is equally settled cannon of civil jurisprudence that the Legislative law leaves sometimes either the field of law untouched or the enacted law leaves vacant or gray areas which then are supplied by judicial pronouncements. This necessity arises not as a concept of judicial activism but more out of a need to fill up the lacuna or supply the gaps left by the Legislature primarily to ensure due protection against arbitrary administrative action and also to ensure that actions are in conformity to the constitutional mandate of equality and fairness. Education is one such field where the Judge made law has shown greater impact by application of this principle in matters relating to admission to educational institution. The legislative law and more particularly the notifications issued in exercise of subordinate legislation have lacuna or open areas in the sphere of execution which fall short of clarity and exactitude. Without adherence to such judicial dictum, achievement of the real object behind such enactments or notification is not possible. Doctrine of merit and fairness is often trivialized by delayed administrative actions in regard to implementation of methodology specified for admission to various professional courses. In the present days, education is one of the most highly competitive field where fraction of one mark even can materially affect or alter the course of admissions on the one hand and future of the students on the other. Ab antique it is accepted in the principle that Actus legitimi non recipiunt modum. The purpose of law is to be in conformity with the constitutional mandate that the legislative or administrative action of the State should always been in conformity with the laws in force and should essentially be devoid of any arbitrariness or discrimination. They must have an essence of fairness in State action and they should not only be just ex facie but in substance should avoid wrong to the public at large. Whatever the laws in force, the notifications issued in furtherance to the provisions of the different Acts, the State Government policy as well as the judicial pronouncements including those of Supreme Court of India have without fail emphasised the need for adherence to the specified parameters in relation to various aspects of professional education in the country. Even the object of judicial intervention in educational matters is primarily aimed at scrupulously following these essential features for maintaining proper administration of admission to different fields in the education. The rudiments can veritably be stated as under:

(a) The admission to academic course moreso, to professional courses has to be strictly on merit. Meritorious students should be given their choice, thus, admission on merit coupled with institution preference should be the basis.

(b) All courses and more particularly, professional courses should essentially commence on the date fixed for commencement for such courses. In other words, the courses must start timely.

(c) Midstream/ midterm admissions should be avoided and more particularly, the students in the professional courses must go through the complete course of education which should not be reduced or narrowed for adjusting such admissions.

(d) The professional and technical councils and State bodies should take appropriate steps to maintain proper educational standards in examination and t

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