S. B. Sinha and J JJ.

1. All these writ applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

2. The fact of the matter lies in a very narrow compass.

3. The State has established and manages the affairs of some Engineering Colleges, viz the Bhagalpur College of Engineering, Bhagalpur, bihar Institute of Technology, Sindri, Muzaffarpur Institute of Technology, muzaffarpur Bihar Engineering College, Patna and Regional Institute of technology, Jamshedpur.

4. Admittedly, the Science and Technology Department of Government of Bihar conducts a written entrance test for admission in the aforementioned Engineering colleges as also in Engineering Colleges situated outside the State of Bihar and other technical institutes where some seats are reserved for the State of Bihar.

5. The minimum prescribed qualifications for appearance in the said examination are as follows :

(i) The candidates should have passed Intermediate (I Sc) or equivalent examination in Physics, Chemistry and Mathematics, (ii) The candidates should have been not less than 16 years of age and not more than 22 years of age as on 1-7-1992.

6. The State for the aforementioned purposes has issued a Prospectus for the year 1992-93 which is contained in Annexure-1 to CWJC No.8050/ 1992. Clause 5 of the said Prospectus reads us: "chhatrayo ko bishes subidba :-

"bihar Rajya me abastbith sansthano me chhatrayo ke namankan hetu bishes subhidha Rajya Sarkai ne pradhan ki hai jiske antargat chhatrayo ke medha ka nirdharan unke dwari Mul praptank me 30 (tis) ank jorkar kiya jayega. Paranthu Biharrajya ke bahar sthith Regional Engineering college (Bihar quota seat) me chhatrayo ka namankan unke dwara kul bastabik praptank par nirdharit medha suchi ke adhar par kiya jayega".

7. Admittedly, similar provisions had been made by the State of bihar since 1986 for grant of 30 additional marks to the every girl candidates.

8. In terms of the aforementioned scheme, a combined merit list for the boys and girls is to be prepared upon adding 30 marks to those actually obtained by every girl candidate.

9. The petitioner (s) admittedly appeared at the aforementioned entrance examination. They were also invited for interview by the Interview Board the State, however, granted the aforementioned 30 marks only to those candidate who sought for or obtained admission in the Bihar engineering College, Patna, as is evident from the following note appearing in the result sheet (Annexure-1 to CWJC 8050/92,

roll numbers with Star mark indicate merit of girl candidates for admission to Bihar College of Engineering, Patna only, subject to availability of seats. "

10. The petitioner (s) have contended that the State is bound by the promises made to the girl candidates and, thus, it has no authority or jurisdiction to resile therefrom, It has further been submitted that the decision of State of Bihar to grant benefit of 30 marks only to those girl candidates who sought for admission in Bihar Engineering College, Patna, is wholly irrational and arbitrary.

11. A counter affidavit has been filed on behalf of the respondents in CWJC No.8050/1992. It has been admitted in the said counter affidavit that from the Governors Secretariat a Notification dated 27-5-1985 was issued whereby provision was made to give weightage to women candidates in the following term:

"women candidates should be given a weightage of 10% of the aggregate marks, that 10% of the aggregate marks will be added to the total marks obtained by such candidates and their merit will be decided on the basis of this added total. "

The respondents, however, have contended that such a practice was in vogue in Bihar Engineering College, Patna, even before the issuance of the said notification.

12 It has further been contended that on 7-2-1992 a resolution was adopted by the Department of Personnel and Administrative Reforms, government of Bihar, whereby and whe