S.J. Mukhopadhaya, J.

The matter relates to admission in MBBS Course. Applications were called for, for admission in the course for the session 2009-2010, including the seats meant for selection of eminent sports persons. One B.Praveena Devi, 1st respondent in W.A. No.1371/09 challenged clause (1) and (2) of Appendix-III of prospectus with further prayer to direct the respondents to consider the academic achievements among the candidates falling under each category of sports, or in the alternative to take into account the achievements in all the tournaments during the year 2005-2009 for preparation of selection list and making selection.

Learned single Judge, by impugned judgment dated 3rd Sept., 2009, allowed the writ petition in part, set aside clause (2) of Appendix-III of the prospectus for admission in MBBS/BDS course for the year 2009-2010 to the effect it stipulated ‘the highest achievement of the candidate in only one annual tournament in the sport discipline in a year will be considered for awarding marks’ and directed the appellant, Common Committee for Selection of Eminent Sports Persons (hereinafter referred to as Common Committee) to work out the process of s