JUDGMENT :

Saugata Bhattacharyya, J.

1. The present intra-court appeal is preferred against the judgment and order dated 28th April, 2021 passed by the Hon’ble Single Judge in WPA No. 9864 of 2020 (Ms. Saniya Subash Vs National Medical Commission & Others) wherein prayer was made for admission of the writ petitioner into undergraduate medical education course (MBBS) for the session 2020-21 in Andaman & Nicobar Islands Institute of Medical Sciences (for short ANIIMS). The grievance voiced by the writ petitioner in the said writ petition was to the effect that the students applied under Category-II under the scheme of admission in undergraduate medical education course framed by the concerned authority of the Andaman & Nicobar Administration cannot be permitted to take admission in the MBBS Course under Category-V of the said scheme considering the definition of Category-II and Category-V under the said admission scheme.

2. The prayer made in the writ petition runs infra:

“(A) (i) A writ in the nature of Mandamus directing the respondent authorities, particularly the respondent No.2 to set aside the part of the combined provisional merit list dated 07/11/2020 published by the respondent No. 2 whereby the name of some of the aspirants appeared under Category V (Sl. No. 11, 52, 99, 151 and 252).

(ii) A writ in the nature of Mandamus directing the respondent No.2 to act strictly in terms of the Distribution Scheme of 1996 and the judgment of the Supreme Court passed on 28/01/2000 in the case of Parents Association and Others versus Union of India and others.”

The Hon’ble Single Judge by the judgment and order dated 28th April, 2021 dismissed the writ petition chiefly on the ground that as per merit position the petitioner failed to emerge to be successful for admission as a candidate either under Category-IV or under Category-V inasmuch as her name featured at serial number. 46 against total number of 17 seats available under Category-IV and at serial number 22 in the merit list against total number of 16 seats under Category-V. The writ petitioner having being aggrieved by the said decision as contained in the judgment and order dated 28th April, 2021 presents this intra-court appeal.

3. In this appeal in addition to the points taken by the appellant in writ petition Mr. Deep Chaim Kabir, Learned Counsel representing the appellant, also has thrown challenge to the admission of respondent Nos. 4, 5, 6, 7, 8, 9, 10 and 11 on certain grounds and upon placing reliance on category-wise merit list of NEET-UG 2020-21 qualified candidates for admission to the MBBS Course in ANIIMS strenuously made deliberate attempt to impress upon this Court that as per the said category-wise merit list at page 201202 of the paper-book these private respondents (respondent Nos. 4 to 11) ought to be declared ineligible and should this exercise is carried out the appellant who ranked 22nd under the category-V merit list prepared for mop up round counselling would have come within the zone of consideration for admission.

4. In support of such contention raised on behalf of the appellant elaborate submissions have been made on the scheme of admission into undergraduate medical education course in the Andaman & Nicobar Islands as promulgated by the Secretary to the Government of India, Ministry of Home Affairs vide order dated 30th May, 1996 which is a part of the paper-book, page 902 to 920. The prospectus issued by the concerned authority as a guideline for admission to MBBS Course in the Islands was issued in terms of the said parent scheme dated 30th May, 1996. It is contended on behalf of the appellant that five categories of candidates are contemplated under the said scheme of admission apart from EWS quota and other backward classes candidates which are defined in clause 4.7 of the said prospectus, as below :-

4.7.1(Category-I) Tribals: Certificate as per Appendix B duly signed by the Tehsildar of the Jurisdiction to be attached to support your claim.

4.7.2(Cat