1. The instant writ petition is filed by the seventeen petitioners- students, who appeared in the joint entrance examination conducted by the Tripura Board of Joint Entrance Examination for selecting the candidates on the basis of their merit for allotting seats earmarked for the students of Tripura, for a direction to the respondents to allot seat for admission to MBBS course to each of the petitioners out of State quota against 25 seats reserved for the students belonging to schedule tribes and also an interim order directing the respondents to provisionally allot the seats for MBBS course against the reserve quota meant for the scheduled tribes in favour of each of the petitioner subject to final decision in the writ petition.

2. Heard Mr. A.K. Bhowmik, learned senior counsel assisted by Mr. M. Debbarma, learned counsel appearing for the petitioners and Mr. D. P. Kundu, learned Advocate General assisted by Mr. S. Chakraborty, learned Addl. Government Advocate as well as Ms. R. Guha, learned Counsel appearing for the respondent No. 1,2,3 and 5. Also heard Mr. P.K. Biswas, learned Assistant SG appearing for the respondent-Medical Council of India ('MCI').

3. At the very outset, the learned Advocate General of the State as well as Mr. Biswas, learned Assistant SG -would contend that the debate in the instant writ petition is relating to interpretation of Regulations on Graduate Medical Education, 1997 which is subsequently amended on 7.10.2010 by way of amendment Notification. Therefore, neither of the respondents will file any counter-affidavit and the matter can be disposed of at the motion stage as the petitioners admittedly appeared in the joint entrance examination and did not obtain a minimum of 40% marks in the joint entrance examination though they have obtained above 40% marks in the qualifying examination.

4. Mr. Bhowmik, learned senior counsel also conceded to the prayer for disposal of the writ petition at this motion stage.

5. As agreed to by the learned counsel of all the parties and considering the nature of the prayer, the instant writ petition is taken up for final disposal at this motion stage.

6. The facts, required to be narrated for disposal of the instant writ petition, are briefly stated as follows :

Out of 17 petitioners, nine petitioners appeared in the Tripura Board of Secondary Education ('TBSE'), six of them appeared in the Central Board of Secondary Education Examination ('CBSE') and rest two of them appeared in Indian School Certificate Examination CISCE'). All of them secured more than 40% aggregate marks in Physics, Chemistry and Biology, i.e., in the PCB group and also qualified to appear in the joint entrance examination conducted by the Tripura Board of Joint Entrance Examination for allotment of seat in the MBBS Course for admission in 2011 against 25 seats reserved for Scheduled Tribe candidates belonged to Tripura. But the respondent- Tripura Board of Joint Entrance Examination, while invited the application for appearing at the joint entrance examination vide Notification dated 28.12.2010, Annexure 1 to the writ petition, nowhere mentioned that in the joint entrance examination, a student appeared as a Scheduled Tribe candidate has to secure 40% marks in the joint entrance examination which the petitioners were not aware and, as such, they also could not prepare themselves for getting 40% marks or above as required for allotment of seats in the MBBS course from the State quota.

7. It is stated that though the MCI prescribed for certain coaching for upgrading the Scheduled Caste and Scheduled Tribe candidates for enabling them to qualify in the joint entrance examination, but the said prescription was not followed and counselling was not provided to the present petitioners and other similarly situated persons.

8. It is further contended that on earlier years though there was prescription for cut off marks for allotment of seats to the intending candidates for admission in the MBBS Course as prescr

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