1. Persistent defiance of the court directions and conferment of largeses upon the privileged few by the respondents are the main contentions required to be adjudicated upon by this court in these petitions which are directed against the selection and nomination of candidates to MBBS/BDS courses in the state medical colleges and colleges outside the state of Jammu and Kashmir. It has been noticed by this court and the Apex court on various occasions that the respondents have been making selection and nomination of candidates to the aforesaid courses without adopting the procedure already prescribed or directed to be followed as per directions of this court. Selection/ nomination to the professional courses have many a times invited wrath of the courts but without any positive effect upon the respondents particularly the competent authority entrusted with the job of making selection to the aforesaid courses. Persistent and consistent defiance of the court directions has created a sense of insecurity among the competing candidates in this strife torn state engulfed in the crisis of militancy for which the conduct and the manner of selection adopted by the respondents is stated to be a contributory factor. It is high time for this court and the authorities of the respondents state entrusted with the job of making section to follow a procedure which is not tainted with any inherent defective system and is free from the bias attributed to the respondent authorities.

2. Some of the facts relevant for adjudicating the disputes between the parties in these petitions are; that vide 1991 notification No; 2/MBBS/BDS/CAEE of 1991 dated 9th July/1991 the respondent/competent authority invited applications from eligible candidates for admission to the entrance test for selection to the MBBS/BDS course in Govt. Medical College at Jammu and Srinagar. The petitioners who claimed to be eligible are admitted to have applied for being selected to the said courses on the basis of entrance test to be held and conducted by the competent Authority in accordance with the prescribed procedure and the judgment issued by this court. The respondent competent authority issued a brochure styled as "information Brochure of Entrance Test for admission to MBBS/BDS/ Courses 1992-93 which provided that the conduct of the examination would be governed by the rules and regulations given in the brochure and those specified by the Govt. of Jammu and Kashmir vide SRO-203 of 1991 and other relevant SRO and Govt. orders issued from time to time. The candidates who were to apply for consideration under the "open Merit’ category were required to have passed Higher Secondary Part; II/TDC (I) 10+2 Higher Secondary Examination from a Recognised statutory Board/University with English, Physics, Chemistry and biology having obtained not less than 50% marks in aggregate. The merit was to be determined on the basis of criteria laid down in Para 12 of the said brochure. The competent authority was to prepare a waiting list of candidates in order of merit for open merit and reserved categories which was to become operative in case of vacancies caused by whatsoever reasons. The question papers were to be multiple choice questions only and each MCO was to be followed by four options out of which only one was to be correct or most appropriate. For each correct answer marked in the answer sheet, candidates were to get one mark and in case of two more candidates found to have obtained equal overall merit the interse merit of such candidates was to be determined in order of preference as given here under;

i) candidates obtaining higher marks in biology;

ii) candidates obtaining higher marks in biology and chemistry in aggregate;

iii) candidates older in age to be preferred if marks in terms of paras (i)& (ii) were equal,

The entrance test was to be conducted as per standards of qualifying examination and according to syllabus prescribed by the competent authority. All eligible candidat

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