JUDGMENT :

MR. BHASKAR BHATTACHARYA, J.

1. By this Special Civil Application, as amended, 29 students, who have appeared for admission to the Bachelor of Engineering and Technology courses 2014-15, have prayed for the following reliefs :-

“18. In the aforesaid facts and circumstances the petitioners pray that:

A. The Hon’ble Court be pleased to issue an order, writ in the nature of mandamus and/or certiorari or other appropriate writ, order or direction, declaring the provisions for preparation of merit-list under Rule 11 as illegal, arbitrary and ultra-virus [sic[ to Art 14 of the Constitution of India and be pleased to quash and set aside the same and declare that the method adopted by the respondents directly multiplying the percentile cannot be used for preparing the common merit list of different board & population.

B. Be pleased to declare that the respondents have adopted illegal method for preparation of merit-list for admission to degree engineering course for the year 2014-15 and be pleased to quash and set aside the provisions of Rule 11 as amended on 4-7-2014 and quash and set aside the final merit-list published by respondents on 12-7-2014.

18/B(1) Be pleased to declare Rule 11(3) as amended vide Notification dated 4-7-2014, as ultra-virus [sic] to Art 14 of the Constitution of India and be pleased to quash and set aside the same.

18/B(1) This Hon’ble Court be pleased to declare the final merit-list published by respondents dated 12-7-2014 as illegal, unjust, arbitrary and be pleased to quash and set aside the same and direct respondents to publish merit-list as per directions of this Hon. Court in WP (PIL)/175/2014.

C. Pending admission and final disposal of this petition, be pleased to restrain the respondents from allotting seats as per final merit-list published on 12-7-2014 for admission to degree engineering courses for the year 2014-15.

D. Pending admission and final disposal of this petition be pleased to suspend further implementation and operation of final merit-list for admission to degree engineering course and restrain respondents from issuing any admission to the students on the basis of final merit-list.

E. Any other and further relief which this Hon. Court deem fit and proper, in interest of justice.”

2. The grievance, in substance, of the petitioners in this Special Civil Application is that after this Court in a Public Interest Litigation being Writ Petition (PIL) No.175 of 2014, by order dated 20th June 2014, set aside the mode of preparation of select list suggested by experts and the said decision being the subject-matter of challenge in the Supreme Court in Special Leave by way of SLP No.15583 of 2014 and there being no stay of the order dated 20th June 2014 granted by the Supreme Court of India, the respondent-authorities could not by amending the rules set at naught the effect of the judgment dated 20th June 2014.

3. Therefore, the question that arises for determination in the present Special Civil Application is, whether the action taken by the respondents in publishing the result of the process of admission by not following the Division Bench decision of this Court dated 20th June 2014 in Writ Petition (PIL) No.175 of 2014 on the basis of the post-judgment amendment of the relevant Rule is legal or not. We are also required to consider, whether the amended Rule 11, laying down the procedure for preparation of merit list is ultra vires the provisions of the Constitution of India.

4. In order to appreciate the aforesaid question, it will be necessary to place on record the original Rules as it stood prior to the amendment and the amended version of the present Rules effected by two different amendments, one dated 25th June 2014 and the other dated 4th July 2014 after the passing of the judgment dated June 20, 2014.

5. For the purpose of deciding the aforesaid question, the entire Rules are not required to be reproduced, but we propose to produce only the relevant provisions that will be necess