Judgement In these two writ petitions under Art. 226 of the Constitution of India, the petitioners have challenged the nomination of private respondent-Sri Pritam Chattarjee, for a seat in the MBBS course by the State of Arunachal Pradesh. 2. The case of the petitioner in W.P. (C) No. 3469/99 is that he is the son of a Central Government servant who is working as Executive Engineer (GREF) at Tengabari in Arunachal Pradesh in the district of Kameng since January, 1997. He took the Joint Entrance Examination, 1999, for admission to the MBBS course conducted by the Directorate of Higher Education, Arunachal Pradesh and stood first in the merit list of candidates for Category III. But the State of Arunachal Pradesh nominated the respondent No. 4-Sri Pritam Chakravorty, for the sole seat in MBBS course. The petitioner, therefore, has prayed for a direction on the respondents to allow his admission in the MBBS course. 3. The case of the petitioner in W.P. (C) No. 3463/99 is that he is the son of an IFS Officer serving in the State of Arunachal Pradesh since 1981. He appeared in the Joint Entrance Examination, 1999, for admission to the MBBS course conducted by the Directorate of Higher Education, Government of Arunachal Pradesh. Results of the said examination were published in June, 1999 and the petitioner stood second in the merit list for Category-III candidates. The private respondent No. 4, Sri Pritam Chattarjee, stood third in the merit list for Category-III candidates. But the respondent No. 4 was nominated for the only seat of MBBS course allotted for Category-III candidates. The petitioner has, therefore, prayed for a direction on the respondents to allow his admission to the said seat for Category-III candidates in MBBS course instead of respondent No. 4. 4. Mr. A. Hai, learned counsel for the petitioner in W.P. (C) No. 3469/99, submitted that the petitioner in the said writ petition had stood first in the Joint Entrance Examination, 1999, amongst the Category-III candidates having secured a total marks of 151.5 in Physics, Chemistry and Biology. He was, therefore, entitled to be nominated to the sold seat for MBBS course allotted for Category-III candidates. He was, therefore, entitled to be nominated to the sold seat for MBBS course allotted for Category-III candidates. He further submitted that since the father of the petitioner was a Central Government employee working in Arunachal Pradesh since January, 1997, he belongs to Category-III candidates and was eligible for the quota reserved for the MBBS course seat allotted to Category-III candidates. 5. Ms N. Saikia, learned counsel for the writ petitioner in W.P. (C) No. 3463/99, submitted that the petitioner had secured 149.5 marks in Physics, Chemistry and Biology in the Joint Entrance Examination, 1999, and has stood second in the merit list. Sri Awanish Kumar Trivedi, the petitioner in W.P. (C) No. 3469/99 had stood first with 151.5 marks, but he was not eligible to be included in Category-III. Therefore, the petitioner had a reasonable expectation that he would be nominated for the MBBS course seat allotted to Category-III candidates. Ms. Saikia pointed out that the only ground on which the authorities have denied nomination to the petitioner is that he does not belong to Category-III inasmuch as his father has been transferred out of Arunachal Pradesh to Mizoram and is no longer in service in Arunachal Pradesh. But pursuant to the said transfer, the father of the petitioner has not moved out of Arunachal Pradesh as yet and has remained on leave. She argued that since the father of the petitioner continues to serve in Arunachal Pradesh, the petitioner belongs to Category-III candidates as described in Cl. (14) of the Instructions/Information for candidates for the Joint Entrance Examination, 1999, issued by the Directorate of Higher Education, Arunachal Pradesh. 6. In reply, Mr. H. Roy, Sr. GA. AP. relying on the affidavit filed on behalf of the State respondents in W.P. (C) No. 3463/99 submitted that the father of the petitioner in W.P. (C) No. 3463/99 was serving as officer of the Indian Forest Service in Arunachal Pradesh since 1981. But he was released by order dated 27-11-1998 of the Secretary to the Government of Arunachal Pradesh, Environment and Forest, pursuant to the order dated 28-8-1998 of the Government of India, Ministry of Environment and Forest, New Delhi. Mr. But he was released by order dated 27-11-1998 of the Secretary to the Government of Arunachal Pradesh, Environment and Forest, pursuant to the order dated 28-8-1998 of the Government of India, Ministry of Environment and Forest, New Delhi. Mr. Roy pointed out that on 26-3-1999 when the petitioner applied for the Joint Entrance Examination, 1999, the father of the petitioner was no longer in the service in Arunachal Pradesh and thus the petitioner did not belong to Category-III as described in Cl. (14) of the aforesaid Instructions issued by the Directorate of Higher Education, Arunachal Pradesh. Mr. Roy argued that it is clear from Cl. (15) of the said instructions that to be eligible in Category-III, the father of the candidate must continue in service in Arunachal Pradesh. The father of the petitioner having been released from the service in Arunachal Pradesh cannot be said to be in service in Arunachal Pradesh merely because he was on leave and had not joined at his new posting outside Arunachal Pradesh. He further stated that although leave had been granted to the father of the petitioner by the authorities of the State Government, such leave has expired on 28-4-1999 and no leave has been granted to him for the period after 28-4-1999. Regarding the petitioner in W.P. (C) No. 3469/99, Mr. Roy submitted relying on the counter-affidavit of the State respondents that the said petitioner was not eligible to be nominated for the MBBS course even though he stood first in the merit list of Category-II candidates. In any case, the petitioner in the said W.P. (C) No. 3469/99 had been nominated by the State of Arunachal Pradesh for BE course and he had accepted the said nomination and was pursuing the said BE course. 7. Mr. R. Gogoi, learned counsel for the private respondent No. 4, adopted the aforesaid arguments of Mr. Roy and cited the decision of the Supreme Court in the case of Nishant Puri v. State of H.P. (1999) 1 SCC 126 : ( AIR 1999 SC 227 ), for the proposition that the relevant clauses in the prospectus for admission to MBBS/BDS/BAMS courses should be interpreted keeping in mind the purpose or object behind the said clauses. According to Mr. Gogoi, the purpose or object behind Cls. According to Mr. Gogoi, the purpose or object behind Cls. (14) and (15) of the Instructions is to include in Category-III only those candidates whose fathers are in active service in Arunachal Pradesh. 8. At the close of the argument of these two writ petitions, this Court passed orders on 30-11-1999 directing production of records of the nomination of candidates under Category-III to MBBS course and pursuant to the said orders, Mr. H. Roy, Sr. GA, AP, has produced the said records before this Court on 3-2-2000. From the said records it appears that the Nomination Board/Selection Committee comprising of 10 officers held its first meeting on 16-7-1999 to finalise the allotment of seats under the PCB group discipline. The relevant portion of the minutes of the proceedings of the said Nomination Board/Selection Committee are extracted herein below : "Category-III 2 (two) candidates namely, Awanish Kumar Trivedi (Roll No. 3697) and Shri Abhishek Mishra (Roll No. 3661) were not considered for nomination, though they are occupying the Ist and IInd positions of the PCB merit list in Category-III, because the prescribed criteria for selection of candidates were not fulfilled by these candidates. (A) Shri Awanish Kumar Trivedi who is not the ward of IAS/IPS/IFS officers working in Arunachal Pradesh could not be considered for nomination to MBBS seat. (B) In case of Shri Abhishek Mishra (Roll No. 3661) though he secured second position in the merit list of PCB (Category-III list) and being a son of IFS officer, he has also tried to conceal the facts by submitting wrong information in his application form in the following lines : (i) His fathers employment certificate was issued in March, 1997 by the then Principal Chief Conservator of Forest. He fails to submit a genuine certificate from the present PCCF because he was released from Arunachal Pradesh on 30-11-1998. A bona fide complain was received from his department in his regard. (ii) As per eligible criteria his father must be continuing his services in Arunachal Pradesh at the time of Joint Entrance Examination (14-5-1999). But his father handed over his charge of office long before advertisement for inviting application of JEE 99. (iii) As per Cabinet decision of 1997 in this regard, a similar case was rejected. So, on the analogy and eligible criteria cited above Shri Abhishek Mishra is not eligible for nomination. Hence he was rejected. But his father handed over his charge of office long before advertisement for inviting application of JEE 99. (iii) As per Cabinet decision of 1997 in this regard, a similar case was rejected. So, on the analogy and eligible criteria cited above Shri Abhishek Mishra is not eligible for nomination. Hence he was rejected. Shri Pritam Chatterjee (Roll No. 3721) who is a son of IFS officer, continuing his services in Arunachal Pradesh, stood 3rd in the merit list of PCB Category-III. He has been studying in Arunachal Pradesh continually for many years is recommended for the lone MBBS seat for Category-III as it satisfies the eligible criteria and the Cabinet decision." 9. The question, therefore, which arises for decision is as to whether the two petitioners were eligible for nomination in Category-III. Clauses (14), (15) and (16) of the Instructions/Information for candidates for Joint Entrance Examination, 1999, issued by the Directorate of Higher Education, Arunachal Pradesh, relating to categories of candidates are extracted herein below. "14. The following are the categories of candidates :- I Category-I Arunachal Pradesh Scheduled Tribes which also includes children Of IAS/Cetral Govt. / State Govt. employees belonging to APST. II Category-II Sons and daughters only of Non-APST State Government employees. III Category-III Sons and daughters only of All India Services (IAS, IPS, IFS)/Central Govt. employees serving within the territory of Arunachal Pradesh for the last two years and continuing the services. Any son and daughter of APST (IAS, IPS, IFS Officers) has to apply for medical seats either in Category-III. They cannot apply the both. 1 (one) MBBS seat is solely reserved for son/daughter of IAS, IPS and IFS officer. IV Category-IV All other not included in any of the above three categories with the conditions as mentioned in para 16. 15. To be eligible to come under Category-III, a Govt. servant should have completed at least 2 years of continuous service and continuing the service in Arunachal Pradesh and their sons/daughters should have studied in Arunachal Pradesh at least for two years and passed Class XII examination from any of the schools of the State. Both the two criteria should be fulfilled otherwise candidature may be cancelled at any time even during nomination/selection. 16. Both the two criteria should be fulfilled otherwise candidature may be cancelled at any time even during nomination/selection. 16. To be eligible to come under Category-IV, a student should pass Class XII from any of the schools within Arunachal Pradesh and his/her parents have been a resident of Arunachal Pradesh for the last two years or more. Both the criteria should be fulfilled otherwise the candidature may be cancelled at any time even during nomination/selection." 10. It appears from the aforesaid extract of minutes of the proceedings of Nomination Board/Selection Committee that Shri Awanish Kumar Trivedi, the petitioner in W.P. (C) No. 3469/99, was not considered for nomination for MBBS course although he stood first amongst Category-III candidates on the ground that he was not the ward of IAS/IPS/IFS officers working in Arunachal Pradesh. Clause (14) of the Instructions extracted above includes in Category-III also wards of Central Government employees serving within the territory of Arunacal Pradesh for the last 2 years and continuing in service in Arunachal Pradesh. But in paragraph 5 of the counter-affidavit filed on behalf of the Government respondents, it has been stated that the Cabinet of Arunachal Pradesh in its meeting on 12-9-1999 under Item 3 of the agenda had taken a decision that medical seats will be allotted to only sons and daughters of the officers belonging to All India Services such as IAS/IPS/IFS and not to the children of Central Government employees in Category-III. The said decision of the State Cabinet has not been challenged in the present writ petition. The result is that the petitioner being a son of a Central Government employee is not eligible for nomination for MBBS seat but could be considered for BE course on the basis of merit in the Joint Entrance Examination, 1999. There was, therefore, no infirmity in the aforesaid decision of the Nomination Board/Selection Committee not to nominate the petitioner in W.P. (C) No. 3469/99, Shri Awanish Kumar Trivedi, for the MBBS seat allotted to Category-III. 11. It will also be clear from the aforesaid proceedings of the Nomination Board/Selection Committee the petitioner in W.P. (C) No. 3463/99, Shri Abhishek Mishra, was not nominated although he secured 2nd position in the merit list of Category-III candidates because his father, an IFS officer was released from Arunachal Pradesh on 30-11-1998 and was not continuing in service in Arunachal Pradesh. It is also stated in the aforesaid proceedings that at the time of Joint Entrance Examination, 1999, the father of the petitioner had handed over charge of his office long before the advertisement for inviting applications for Joint Entrance Examination, 1999. It has been further stated in the said proceedings quoted above that a similar case was rejected earlier pursuant to Cabinet decision of 1997. It is for these reasons that the case of the petitioner-Abhishek Mishra was rejected on the ground that he was not eligible for nomination. 12. Under Category-III extracted above, sons/daughters only of All India Services/Central Government employees serving within the territory of Arunachal Pradesh for the last 2 years and continuing in service are eligible to apply. This would be clear not only from Cl. (14) but also from Cl. (15) which states that to be eligible his or her son/daughter under Category-II, a Government servant should have completed at least 2 years of continuous service and continuing the service in Arunachal Pradesh. The purpose and object behind the aforesaid Cl. (15) of the Instructions, is to ensure that the benefit of the seat allotted to Category-III candidates is given to only the sons/daughters of Government servants amongst the All India Services/Central Government employees who are continuing to serve in Arunachal Pradesh after 2 years continuous service in the said State. The aforesaid Cls. (14) and (15) of the Instructions do not mention that the father of the candidate should belong to the Arunachal Pradesh Cadre of the IAS/IPS/IFS. This is because Arunachal Pradesh does not have exclusive cadre of the All India Services of its own and the All India Service Officers are posted in and posted out of Arunachal Pradesh by orders passed by the Government of India. Hence, if by virtue of orders passed by the Government of India, an All India Service Officer is to serve in Arunachal Pradesh, he is to be treated as being in service in the said State. 13. The father of the petitioner-Shri Abhishek Mishra, has put in two years of continuous service in Arunachal Pradesh. But the question now is as to whether he is still continuing the service in Arunachal Pradesh. 13. The father of the petitioner-Shri Abhishek Mishra, has put in two years of continuous service in Arunachal Pradesh. But the question now is as to whether he is still continuing the service in Arunachal Pradesh. The Nomination Board/Selection Committee has taken a view that since the father of the petitioner had already handed over charge of the office which he was holding in Arunachal Pradesh on 30-11-1998 pursuant to the order of transfer passed by the Government of India on 28-8-1998 long before the advertisement inviting applications for Joint Entrance Examination, 1999, he cannot be held to be continuing his service in Arunachal Pradesh. The fact that the father of the aforesaid petitioner was on leave at Arunachal Pradesh and the fact that said leave was granted by the State Government will not prove that he is still in service in Arunachal Pradesh, unless the father of the petitioner was continued in service in Arunachal Pradesh by any order passed by the Govt. of India. The said view taken by the Nomination Board/Selection Committee was one which was consistent with the decision of the State Cabinet in the year, 1997 rejecting a similar case. The aforesaid view taken by the Nomination Board/Selection Committee is, therefore, not discriminatory or arbitrary so as to call for interference by this Court in exercise of powers of judicial review. The reasonable expectation of the petitioner that he would be nominated for the MBBS seat allotted to Category-III is based on his position in merit list of candidates in Category-III. It is true that the petitioner-Shri Abhishek Mishra had secured better marks than the respondent No. 4 but the question of his better merit compared to respondent No. 4 will be relevant if he falls in Category-III and not otherwise. In the instant case, the authorities have found on a construction of Cls. (14) and (15) of the Instructions that he did not fall in Category-III and the said construction cannot be said to be contrary to law or illegal. Hence the merit of the petitioner vis-a-vis respondent No. 4 who came within Category-III is irrelevant. 14. For the reasons stated above, these writ petitions have no merit and are accordingly dismissed. The interim order passed in W.P. (C) No. 3463/99 on 24-8-1999 allowing the petitioner-Shri Abhishek Mishra to attend the MBBS classes in Dr. VM Medical College, Solapur, Maharashtra, is vacated. 14. For the reasons stated above, these writ petitions have no merit and are accordingly dismissed. The interim order passed in W.P. (C) No. 3463/99 on 24-8-1999 allowing the petitioner-Shri Abhishek Mishra to attend the MBBS classes in Dr. VM Medical College, Solapur, Maharashtra, is vacated. The interim order passed in W.P. (C) No. 3469/99 directing the respondents not to allot State quota under Category-III for MBBS course to respondent No. 4 or to any other candidate is also vacated. Petition dismissed.