Judgment 1. BOTH the appeals are taken up for hearing as both Mr. Asok Banerjee, learned Senior Advocate and Mr. Rajarshi Haider, learned Advocate appearing for the respective respondents/writ petitioners waive service of notice of appeal. 2. THESE two appeals have been directed against a common interim order passed on 8th April, 2011, by the learned Trial Judge in the writ petitions. Upon hearing learned Advocate General with Mr. De, learned Senior Advocate for appellants and Mr. Banerjee for respondents/writ petitioners in the first mentioned appeal, arid Mr. Haider for writ petitioners/respondents in the second mentioned appeal, we dispose of the appeals and the applications connected therewith by the following judgment and order, dispensing with all formalities. The respondents/writ petitioners herein in both the matters approached the learned Trial Judge challenging the evaluation of their performances in the written test for admission to Post-graduate Medical Courses. The matter is awaiting final hearing on affidavits. Learned Trial Judge being persuaded with urgency of the matter has passed impugned order allowing the respondents, writ petitioners to participate in the counselling exercise that is being undertaken under the relevant rules and regulations and to be empanelled provisionally though not declared being eligible in the written test. 3. ADMITTEDLY, all the writ petitioners are not declared to be qualified or eligible to participate in the counselling exercise going by the decision of the appellants. Whether they are eligible or not is yet to be decided by the learned Trial Judge. It appears that the learned Trial Judge has passed an order almost having the effect of granting final relief. 4. LEARNED Advocate General appearing for the appellants in both the appeals, upon instruction, submits that his client is prepared to set apart 21 (twenty one) seats till the writ petitions are heard out and those seats are meant for the writ petitioners and to be filled up after the decision is taken by the learned Trial Judge. In view of the statements having been made, we now proceed to deal with the matter accordingly. 5. IN the impugned judgment and order, the learned Trial Judge has not recorded the prima facie case nor considered the balance of convenience taking into consideration of both the sides respective rights and prejudice likely to be suffered. In view of the statements having been made, we now proceed to deal with the matter accordingly. 5. IN the impugned judgment and order, the learned Trial Judge has not recorded the prima facie case nor considered the balance of convenience taking into consideration of both the sides respective rights and prejudice likely to be suffered. Of course, the learned Trial Judge has observed that counselling exercise to be taken part by each candidate in terms of the interim order, will not create any equity. 6. WE are of the view that when the learned Trial Judge has not recorded, prima facie case as to fair chance of eligibility or of being qualified on the given materials, we think order of mandatory nature was not justified. More so, balance of convenience and inconvenience in a case of this nature is also factor having regard to time schedule of completion of admission of students. If interim order passed by the learned Trial Judge is allowed to remain, there will be serious complication in future, for any of the petitioners is allowed to participate and to be empanelled, and if he or she is found to be unsuccessful later on in the writ petition, there will be no time left for taking appropriate action for completion of admission as it is strictly time bound programme. WE, therefore, modify the order of the learned Trial Judge in the manner as follows. The counselling exercise which is to be undertaken in terms of the regulation, may be taken and for this purpose if the dates are not announced, may be announced. However, 21 (twenty-one) seats as stated by learned Advocate General, for these 21 (twenty-one) petitioners/candidates in two separate matters shall be kept apart. It is made clear, in the event the learned Trial Judge finds, upon hearing the writ petitions, that they or any of them are(is) qualified and eligible, obviously the learned Trial Judge will pass suitable order as regards their counselling exercise on subsequent dates. 7. IT appears from the impugned order that the learned Trial Judge has fixed the date of hearing of the writ petition tomorrow. We, therefore, request the learned Trial Judge to take up the hearing on day-to-day basis, as far as practicable, so that the matter can be heard out finally and the fate of these candidates can be decided at an early date. We, therefore, request the learned Trial Judge to take up the hearing on day-to-day basis, as far as practicable, so that the matter can be heard out finally and the fate of these candidates can be decided at an early date. We feel that in a matter of this nature, prayer for adjournment of hearing should not be entertained except on the ground of illness of the learned Arguing Counsel or any other unavoidable and unforeseen circumstances. 8. IT is made clear that before or during the counselling exercise, if any disturbance is attempted to be created by any person whosoever, the authority concerned shall forthwith ask for police assistance and officer -in- charge of Bowbazar Police Station shall forthwith render all assistance and if requires will deploy police personnel including lady police officials and officers, and the officer -in- charge of the said police station shall identify the real person or persons on the spot and/or the person master minding to create disturbance and thereafter cost of deployment of police force shall be recovered from that person(s) on identification being made as public demand. The appeals and the applications are, thus, disposed of keeping all points open and it is made clear, we have not decided anything on merit of the case. This order is passed without prejudice to the rights and contentions of the parties. 9. THERE will be no order as to costs. 10. XEROX plain copy of this order, duly countersigned by the Assistant Registrar (Court), be given to learned Counsel for the parties upon making application for obtaining xerox certified copy of this order. In the event, xerox certified copy is not taken delivery of, in spite of being notified; the effect of the xerox plain copy will stand extinguished.