PRANAB KUMAR CHATTOPADHYAY, J.

(1.) In this appeal this Court is called upon to interpret the rules relating to the benefit of reservation provided for the children of the Deputationists and Central Government employees with transfer liability to serve outside the Union Territory.

(2.) The petitioner herein has raised objection against the decision of the respondent authorities regarding inclusion of the name of the respondent No.5 (Priya Singh) as the candidate under Category-II and enlisting the name of the said respondent No.5 in the merit list published for the Academic Session 2005-2006 on the ground that the said respondent No.5 completed her studies in the Academic Session 2004-2005 and passed the qualifying examination from a school in these Islands. It has also been submitted on behalf of the petitioner that the said respondent No. 5 along with her family members left Port Blair in the year 2004 and now studying in Chennai. It has been specifically urged before this Court that the name of the respondent No. 5 cannot be considered under Category-II as the father of the said respondent No. 5 already left these Islands after completing his tenure and he is no more in service in these Islands.

(3.) The petitioner herein applied for reserved seat under Category-II in MBBS Course for the Academic Session 2005-2006 and her name has been figured in the provisional merit list dated 15th July, 2005 at Serial No. 3 in respect of the reserved candidates for Category-II. The name of the respondent No. 5 has also been mentioned at Serial No. 2 for the Academic Session 2005-2006. It is not in dispute that the respondent No. 5 also applied for admission under reserved quota for the Academic Session 2004 - 2005 and her name figured at Serial No.

(4.) Since only two seats were available under reserved Category-II the respondent No.5 could not get admission in the Academic Session 2004-2005. The said respondent No. 5 also applied in the Academic Session 2005-2006 under Category-II which has been opposed by the petitioner herein on the ground that the said respondent No. 5 cannot come within the purview of the zone of consideration as a candidate under reserved Category-II. 4. Undisputedly, both the petitioner and the respondent No. 5 are claiming benefits of the reservation for admission in MBBS Course for the Academic Session 2005-2006 under Category-II as per Home Ministrys Circular dated 30th May, 1996. The relevant portion of the said circular is set out hereunder: "20. The Andaman and Nicobar Islands is a far flung territory cut off from the mainland of India. It is about 1200 kms. away from Calcutta and Madras. Government provides various incentives to its employees posted in the said Islands. So it would be in the fitness of things to retain 10% seats for deputationists and Central Government Employees. This will, however, be subject to the condition that the candidates in this category should have studied the last two years in the Islands and passed the qualifying examination from a school in the Islands. Unutilized seats, if any, in this category will go to the general merit quota. 23. In short, the allocation of seats to various categories with effect from the 1996 academic session will be as under:- Category I ........................... Category II Deputationists and Central Government employees with transfer liability to serve outside the Union Territory, provided the candidates in this category have studied the last two years in the Islands and passed the qualifying examination from a school in the Islands."

(5.) Admittedly, the father of the respondent No. 5 is a Central Government employee with transfer liability to serve outside the Union Territory and was posted on transfer at Port Blair in December, 1997 and was further transferred from Port Blair in the month of August, 2004 and at present posted at Chennai. The respondent No. 5 is also now prosecuting her studies at Chennai. The petitioner herein is als