A.K. Goswami, J

1. This Writ Appeal is presented against the Judgment and Order dated 31.08.2012 passed by the learned Single Judge dismissing the writ petition as not maintainable for not impleading all the 22 candidates who were in Category- 1 for being admitted to Medical Colleges in the MBBS course in respect of seats allotted by Government of India, for short, GOI seats. The appellant's father is an employee of the Government of Arunachal Pradesh. The appellant had passed Class-X and Class-XII examinations from Kerala. An Information Brochure was issued in respect of holding of Arunachal Pradesh Joint Entrance Examination (APJEE) to select candidates for nomination to the various technical and professional courses against the seats made available to the State of Arunachal Pradesh by the Government of India, the North Eastern Council, etc. The brochure lays down eligibility criteria and also contains instructions for filling up of the application form as well as distribution of seats for selection and nomination of candidates. On fulfilling the eligibility criteria, the candidates are to be placed in four categories- Category-I, Category -II, Category-III and Category-IV, on the criteria laid down in the brochure. Arunachal Pradesh Scheduled Tribe (APST) candidates including children of IAS/Central Government/State Government employees belonging to APST are placed in Category-I; children of non-APST State Government employees are placed in Category-II; children of employees of the all India Services, Central Government Organizations and Central Public Undertakings serving within the territory of Arunachal Pradesh are placed in Category-III and all others, not included in any of the above three categories with the condition that the candidate should have appeared/passed Class-X/XII or equivalent from any of the schools within Arunachal Pradesh and his/her parent(s) should have been residing in Arunachal Pradesh for the last three years or more are placed in Category-IV. The petitioner fulfilled the eligibility criteria and her father being a non-APST State Government employee, she was in Category-II. She applied for admission to the MBBS course and appeared in APJEE 2012. The examination was held on 02.06.2012 and the results were declared category-wise on 04.06.2012. She secured 7th rank amongst Category-II candidates, securing 338 marks.

2. On 15.06.2012 (Annexure-8 of the writ petition), the respondent no. 2 issued a notice inviting candidates only from Category-I from serial no. 1 to 34 for allotment of MBBS seats and inviting applications from them indicating their preference of colleges as per seats made available to the State during the last year. On 18.06.2012 (Annexure-9 of the writ petition), a list was published in the web site of the Directorate of Higher and Technical Education indicating number of seats already received/yet to be received in the different colleges in the country from the Government of India and the regional institutions. In the said list, it was mentioned that GOI seats are shared with all Categories as per reservation policy of the State Government and the regional seats are reserved for Category-I. Thereafter, another list (Annexure-10 of the writ petition) was published showing allotment of PCB group seats as per the minutes of the meeting held on 02.07.2012 which shows that 34 MBBS seats were allotted to 34 Category-I candidates.

3. It was pleaded in the writ petition that as per the Information Brochure, 80% of the seats could have been reserved in Category-I. However, instead of permissible 21 seats in respect of seats allotted by GOI, 22 seats have been illegally allotted to Category-I candidates resulting in one excess seat being given to Category-I. It was also pleaded that there was no mention in the Information Brochure that seats allotted by regional bodies and institutes could be allotted only to Category-I candidates and it was only on 18.06.2012, it came to be indicated tha