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2018 DIGILAW 716 (JHR)

Tarun Baxla v. State Of Jharkhand

2018-04-02

ANUBHA RAWAT CHOUDHARY

body2018
ORDER Anubha Rawat Choudhary. J. - Heard Mr. Manoj Tandon, counsel appearing on behalf of the petitioner. 2. Heard Mr. Anup Kumar Agarwal, counsel appearing on behalf of the respondent no.1. 3. Mr. Samir Sahay, counsel appears on behalf of respondent no.4. 4. Ms. Ruchi Rampuria, counsel appears on behalf of respondent no.1 in W.P.(C). No. 5693 of 2010. 5. Nobody appears on behalf of respondent no.2 and 3. 6. This writ petition being W.P. (C). No. 4956 of 2010 has been filed for the following relief:- i. "For a direction upon the respondents, in particular respondents 2 and 3, to prepare the merit list of the petitioner for Jharkhand Combined Entrance Competitive Examination 2010 (herein referred to as "JCECE-2010) taking together the marks obtained by the petitioner (belonging to schedule tribe category) in qualifying examination and the competitive entrance examination both in the light of the guidelines issued by the Government of Jharkhand, Department of Health, Family Welfare and Medical Education contained in Letter No.-12/Examination-01-20/06-82 (12) - Health dated 31.7.2006. ii. To hold and declare that the petitioner is entitled to and the respondents authorities, in particular respondents 2 and 3, are duty bound to select the petitioner and offer/allot appropriate seat in the Bachelor of Medicine and Bachelor of Surgery (MBBS) course pursuant to "JCECE-2010" for which the competitive examination was held on 19th of May, 2010." iii. To direct the respondents, in particular respondents 2 and 3, to keep one seat vacant for the petitioner during the pendency of this writ application." 7. Counsel for the petitioner submits that vide order dated 27.09.2010 an interim order was passed in W.P.(C). No. 4956 of 2010 which reads as follows:- "Counsel for the petitioner is permitted to implead Medical Council of India with full description as party respondent in course of day. Mr. Ajit Kumar, who usually appears for Medical Council of India, is directed to accept notice on its behalf. Counsel for the petitioner will serve two copies of the writ petition along with annexures thereto on Mr. Ajit Kumar in course of the day. Mr. Sumit Gadodia accepts notice on behalf of respondents no.2 and 3. State counsel accepts notice on behalf of respondent no.1. The respondents must file their respective counter affidavits within two weeks from today. Mr. Counsel for the petitioner will serve two copies of the writ petition along with annexures thereto on Mr. Ajit Kumar in course of the day. Mr. Sumit Gadodia accepts notice on behalf of respondents no.2 and 3. State counsel accepts notice on behalf of respondent no.1. The respondents must file their respective counter affidavits within two weeks from today. Mr. Tandon, learned counsel appearing for the petitioner, submitted that the petitioner may be given provisional admission in the concerned Medical College pursuant to JCECE-2010 Examination at his own risk and peril, and he will not claim equity. In view of such undertaking, the petitioner will be allowed provisional admission in the concerned Medical College at his own risk and peril subject to the decision of this writ petition, and for this, he will not claim equity. If any other similarly situated student request for similar benefits, they may be allowed to do so on similar undertaking. Put up this case on 27.10.2010 under the same heading. As prayed, a copy of this order be given to the parties." 8. Counsel for the petitioners submits that pursuant to the aforesaid interim order, some more similarly situated students all belonging to the reserved categories availed of similar benefit of the aforesaid interim order on similar undertaking by taking admission at their own risk and peril subject to the decision of the writ petition, and for this, they have also under taken that they will not claim equity. Such 18 students have filed another writ petition being W.P. (C). No. 5693 of 2010 which has been tagged with W.P. (C). No.4956 of 2010 and is being taken up together. The reliefs as prayed for in W.P. (c). No. 5693 of 2010 was same as that of prayer no (i) and (ii) of W.P. (C). No. 4956 of 2010 and in place of prayer no (iii) of W.P. (C). No. 4956 of 2010 the following prayer was made:- "(iii) Since all the petitioners have been admitted in the concerned medial colleges in the State of Jharkhand provisionally, the same is required to be made absolute." 9. The matter relates to entrance examination in Medical Colleges pursuant to JCECE-2010 (Jharkhand Combined Entrance Competitive Examination Board -2010). 10. No. 4956 of 2010 the following prayer was made:- "(iii) Since all the petitioners have been admitted in the concerned medial colleges in the State of Jharkhand provisionally, the same is required to be made absolute." 9. The matter relates to entrance examination in Medical Colleges pursuant to JCECE-2010 (Jharkhand Combined Entrance Competitive Examination Board -2010). 10. By referring to Annexure-4 to the writ petition, Counsel for the petitioners submits that as per the "Prospectus cum Application Form" which was issued in the booklet of JCECE-2010, Clause 3.2(i) stipulates that in the case of reserved category candidates, marks obtained in qualifying examination and the marks obtained in competitive entrance examination have to be clubbed together to arrive at the average 40% marks, which is the minimum eligibility criteria for selection of a candidate belonging to schedule tribe (reserved category). 11. He submits that upon plain reading of clause 3.2(i) of "Prospectus cum Application Form" which was issued in the booklet of JCECE-2010 it is unequivocally clear that the respondents are required to calculate the average 40% marks by clubbing together the marks obtained by the petitioner in qualifying examination, i.e., intermediate examination 2007 and the marks obtained by the petitioner in competitive entrance examination 2010. He submits that as per clause 3.2 of the booklet, the eligibility criteria for General category for the purposes of medical entrance examination was that the marks in Physics, Chemistry, Biology and English was prescribed as minimum of 50 percent. For the purposes of Schedule Caste and Schedule Tribe and Other Backward Classes category the qualifying marks in Physics, Chemistry and Biology in total was prescribed to be 40 percent instead of 50 percent. 12. He further submits that as per the advertisement, the eligibility criteria for participating in the qualifying examination was a total of 40 percent and according to the petitioner for the purposes of qualifying marks the marks obtained in competitive examination as well as qualifying examination in Physics, Chemistry and Biology ought to be 40% and there was no requirement of seeking 40 percent independently in competitive examination as well as in qualifying examination. 13. 13. He submits that the petitioner in W.P. (C) No. 4956 of 2010 had obtained 67.6% in his qualifying examination and 35.5% in competitive examination whose average comes to 51.5% and accordingly if the clause of the advertisement is read in the manner aforesaid, the petitioner having secured more than 40% as per average in qualifying and competitive examination, the petitioner ought to have been selected. He submits that the persons having lower average than the petitioner were selected and the petitioner was wrongly left out. He submits that similar is the situation with the petitioners in W.P. (C). No 5693 of 2010. 14. Counsel for the petitioner also refers to the extract from Regulation Graduate Medical Education, 1997 which has made effective from 29.05.1999 wherein the procedure for selection of MBBS Course has been prescribed as follows:- "5. Procedure for selection to MBBS course shall be as follows: 1. In case of admission on the basis of qualifying examination under clause (1) based on merit. Candidate for admission to MBBS course must have passed in the subjects of Physics, Chemistry, Biology & English individually and must have obtained a minimum of 50% marks taken together in Physics, Chemistry, and Biology at the qualifying examination as mentioned in Clause (2) of regulation 4. In respect of candidates belonging to Scheduled Castes, Scheduled Tribes or Other Backward Classes, the marks obtained in Physics, Chemistry and Biology taken together in qualifying examination be 40% instead of 50% as above. 2. In case of admission on the basis of competitive entrance examination under clause (2) to (4) of this regulation, a candidate must have passed in the subjects of Physics, Chemistry, Biology and English individually and must have obtained a minimum of 50% marks taken together in Physics, Chemistry and Biology at the qualifying examination as mentioned in clause (2) of regulation 4 and in addition must have come in the merit list prepared as a result of such competitive entrance examination by securing not less than 50% marks in Physics, Chemistry and Biology taken together in the competitive examination. In respect of candidates belonging to Scheduled Castes, Scheduled Tribes or Other Backward Classes the marks obtained in Physics, Chemistry and Biology taken together in qualifying examination and competitive entrance examination be 40 % instead of 50 % as stated above:" 15. In respect of candidates belonging to Scheduled Castes, Scheduled Tribes or Other Backward Classes the marks obtained in Physics, Chemistry and Biology taken together in qualifying examination and competitive entrance examination be 40 % instead of 50 % as stated above:" 15. Counsel submits that from the perusal of clause 5 (2), it is apparent that in respect of candidates belonging to Schedule Tribe, Schedule Caste and Other Backward Classes the marks obtained in Physics, Chemistry and Biology taken together in qualifying examination and competitive examination to be 40 percent instead of 50 percent and thus he submits that the qualifying marks has to be taken by combining the qualifying examination as well as competitive examination and by taking together both these examinations the marks ought to be 40 percent and there was no requirement of independently securing 40 percent marks in qualifying examination as well as competitive examination. 16. Counsel submits that by virtue of another circular issued by the State Government as contained in Annexure-2 dated 31.07.2006 a clarification was issued by the State Government that the marks to be obtained in the qualifying examination and competitive examination together has to be taken for the purposes of arriving at the percentage of marks obtained and accordingly he submits by virtue of Annexure-2 dated 31.07.2006 the petitioner ought to have been considered for admission in the medical college as his average was 51.5%in total. 17. By referring to the judgment passed by Hon''ble Supreme Court as reported in (2012) 3 SCC 430 , Counsel for the petitioner submits that regulation 5 (5) (ii) is clumsily worded and this submission was made before the Hon''ble Supreme Court and the Hon''ble Supreme Court found substance in such submission. He refers to para-17 of the said judgment which is quoted herein below for ready reference:- "17. However, there was a minor discrepancy between the eligibility criteria for admission prescribed by the MCI Regulations and the eligibility criteria mentioned in the Prospectus. The requirement of securing not less than 50% marks in the CEE was not mentioned in the Prospectus. According to the appellants and the Colleges, it was only an inadvertent and bona fide mistake or omission while preparing the Prospectus. The requirement of securing not less than 50% marks in the CEE was not mentioned in the Prospectus. According to the appellants and the Colleges, it was only an inadvertent and bona fide mistake or omission while preparing the Prospectus. It was contended that Regulation 5(5)(ii) is clumsily worded, with the words "taken together" appearing in several places giving an impression that minimum 50% is required when the marks of the qualifying examination and the marks of the CEE are taken together. It was also contended that such an omission or mistake occurred due to lack of sufficient clarity in Regulation 5(5)(ii). There is some substance in the contention." 18. He further refers to para 34 and 35 of the said judgment and submits that Hon''ble Supreme Court has been pleased to invoke power under Article 142 of the Constitution of India and allowed the students who have already taken admission to continue their course although on the merits the case was decided against them. 19. Counsel for the petitioner has also referred to the judgment reported in (2010) 10 SCC 233 wherein again the Hon''ble Supreme Court has been pleased to pass similar order permitting the students who have taken admission to continue with the course. 20. He submits that pursuant to the interim order passed in W.P. (C). No. 4956 of 2010, the petitioners in both the cases were granted admission and during the pendency of this writ petition, the petitioners have already completed the course and the petitioners have been granted the provisional certificates and thereafter the petitioners have also been granted the certificate of registration by the Jharkhand Council of Medical Registration on the basis of this provisional certificates. However, he submits that the final certificate has not been issued to the petitioners. Counsel also submits that the petitioner in W.P. (C). No. 4956 of 2010 appeared for National Eligibility - cum - Entrance Test (NEET) to undergo the Post Graduate i.e., MDMS 2018 and there also the petitioner has qualified. Counsel for the petitioner submits that in view of the aforesaid undertaking given, the petitioners are not claiming any equity but still the fact remains that the petitioners have completed the medical course and for doing justice to the petitioners power under Article 226 of the Constitution of India should be exercised. 21. Counsel for the petitioner submits that in view of the aforesaid undertaking given, the petitioners are not claiming any equity but still the fact remains that the petitioners have completed the medical course and for doing justice to the petitioners power under Article 226 of the Constitution of India should be exercised. 21. He further submits that the petitioners are not at all at fault and the relevant provisions as contained in Annexure-1 i.e., the extract from Regulation Graduate Medical Education, 1997 as well as circular issued by the State dated 31.07.2006 suggests that there was no clarity as to whether the 40% marks is to be obtained by taking together the competitive examination as well as qualifying examination or whether the candidates were required to obtain 40% marks individually in competitive examination as well as in qualifying examination. 22. Counsel for the petitioner also submits that during the pendency of this writ petition the subsequent JCECE-2011 was also held wherein the aforesaid discrepancy or confusion in clause-3.2 has been taken care of and accordingly it was rectified and he submits that this itself goes to show that there was utter confusion regarding the marks to be obtained for the purposes of entrance examination in medical colleges. 23. He submits that the judgment which has been relied upon by the respondents passed in W.P. (C). No. 5538 of 2011 read with W.P. (C). No. 5711 of 2011 dated 27.9.2011 relates to the subsequent examination of the year 2011 wherein, the relevant clause were properly worded and there was no confusion in the mind regarding the qualifying examination. Counsel also submits that this judgment dated 27.9.2011 passed in W.P. (C). No. 5538 of 2011 with W.P. (C). No. 5711 of 2011 was upheld by the Hon''ble Division Bench in L.P.A. No.352 of 2011. Counsel for the petitioners submits that under the aforesaid facts and circumstances power under Article 226 of the Constitution of India should be exercised to do complete justice to the petitioners. 24. Counsel for the respondents on the other hand submits that the case involved in this case is fully covered by judgment dated 27.9.2011 passed in W.P.(C). No.5538 of 2011 with W.P.(C). 24. Counsel for the respondents on the other hand submits that the case involved in this case is fully covered by judgment dated 27.9.2011 passed in W.P.(C). No.5538 of 2011 with W.P.(C). No. 5711 of 2011 particularly in view of the fact that the extract from Regulation Graduate Medical Education, 1997 clearly provides the procedure for selection to Bachelor in Medicine and Bachelor in Surgery (MBBS) courses and there is no confusion in that regard. He submits that the petitioners had no doubt that they are covered by that regulation and simply because State Government has issued circular, the petitioner cannot take any advantage of the same. He submits that the clause 3.2 of the "Prospectus cum Application Form" which was issued in the booklet of JCECE-2010 was also very clear and the petitioners have read it selectively. He submits that the interim order dated 27.9.2010 was passed with a clear indication that the petitioner will be allowed the provisional admission in the concerned medical college at his own risk and peril and subject to the result of the writ petition and for this the petitioner will not claim any equity. He further submits that from the perusal of the order sheet of this case, it appears that the interim order was passed on 27.9.2010 and the counter-affidavit was filed as back as on 19.10.2011 alongwith a copy of the judgment passed in W.P.(C). No.5538 of 2011 with W.P. (C). No. 5711 of 2011 but inspite of that the matter was adjourned from time to time at the request of the petitioners and the petitioners have taken calculated risk of not getting the matter decided and taking advantage of the interim order, has completed the entire course and now the petitioners are seeking indulgence of this court and praying for exercise of power under Article 226 of the Constitution of India, so as to finally validate the medical course already completed. 25. 25. After hearing the counsels for both the parties and under the facts and circumstances of this case, this court is not inclined to grant any relief to the writ petitioner on account of following facts and reasons:- a) Admittedly the petitioners are governed by the regulation for graduate medical education 1997 and particularly clause 5 (5) (ii) thereof, wherein it has been specifically mentioned that the candidates must have passed in subjects of physics, chemistry, biology and English individually and must have obtained minimum 50 percent marks taken together in Physics, Chemistry & Biology at the qualifying examination as mention in clause 2 of regulation 4 and in addition must have come in the merit list prepared as result of such competitive examination by securing not less that 50 percent marks in physics, Chemistry & Biology taken together in the Competitive Examination. It has been further mentioned that in respect of candidates belonging to the Schedule Tribe, Schedule Caste or Other Backward Classes the marks obtained in Physics, Chemistry and Biology taken together in qualifying examination and competitive examination be 40% instead of 50%. This Court finds that the required percentage of marks as has been required to be obtained by the Schedule Caste and Schedule Tribe candidates was only modified by reducing it to 40 percent instead of 50 percent and rest of the conditions were the same. b) This court further finds that the term taken together in the sentence "in respect of candidates belonging to the Schedule Tribe, Schedule Caste or Other Backward Classes the marks obtained in Physics, Chemistry and Biology taken together in qualifying examination and competitive examination be 40% instead of 50%" refers to physics, chemistry and biology taken together and not qualifying examination and competitive examination taken together. c) The aforesaid issued is squarely covered by the judgment passed by the Hon''ble Supreme court in the judgment reported in (2011) 3 SCC 617 and held as under:- "It will be clear from a careful reading of this clause of the MCI Regulations that candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes must have secured 40% marks in Physics, Chemistry and Biology taken together in both the qualifying examinations and must also secure 40% marks in the competitive entrance examination on the basis of which admission to the MBBS course is being made in a State." d) This judgment was followed by this Hon''ble court in judgment dated 27.09.2011 passed in W.P. (C). No. 5538 of 2011 with W.P. (C). No. 5711 of 2011 which was confirmed in the appeal being L.P.A. No. 352 of 2011. The findings of the said judgment passed in the writ petition are quoted below for ready reference:- "From careful reading of the said clause it is quite clear that the candidates falling in general category must secure minimum of 50 % marks taken together in Physics, Chemistry and Biology and in addition to that the candidate must secure 50 % marks in Physics, Chemistry and Biology taken together in the competitive examination, for being eligible to be admitted in Medical Colleges whereas in case of candidates of the reserved category (Scheduled Castes, Scheduled Tribes and Other Backward Classes) the percentage of the minimum marks to be secured in the competitive examination and also in the qualifying examination has been prescribed as 40 % but the counsel appearing for the petitioners by putting much emphasis that clause "taken together" appearing in the last part of the main provision submitted that it qualifies marks obtained in the qualifying examination and also marks obtained in the competitive examination and therefore, submission was advanced that if the marks obtained by the candidates in qualifying examination is clubbed together with the marks obtained in the competitive examination and comes to 40 % or above, he would be eligible to be admitted in the Medical Colleges. The submission made in this respect appears to be quite fallacious for the reason that if a candidate secures 80 % marks in the qualifying examination and secures zero mark in competitive examination, he, as per the submission, would be eligible to be admitted in the Medical Colleges. The submission made in this respect appears to be quite fallacious for the reason that if a candidate secures 80 % marks in the qualifying examination and secures zero mark in competitive examination, he, as per the submission, would be eligible to be admitted in the Medical Colleges. Conversely, if one secures sufficiently high marks in the competitive examination and gets less than 30% (30% being qualifying marks) in qualifying examination he even, according to the submission, would be eligible to be admitted in the Medical Colleges if the marks obtained in the competitive examination is added with the marks obtained in the qualifying examination comes to 40%, though in the qualifying examination he would be declared failed. If the submission is accepted, this would be self-defeating to the purpose which regulation has been laid down by the Indian Medical Council for maintain high standard of efficiency. Further on going through the aforesaid clause one would come to conclusion that the word ''taken together'' have been used to make it clear that one should obtain atleast 40% marks in Physics, Chemistry and Biology conjointly and not separately. Further the clause instead of 50% ''as stated above'' appearing in the last line of the aforesaid provision go to indicate that candidate of general category should obtain 50% marks in qualifying examination and also 50% marks in the competitive examination but so far candidates of reserved category is concerned, they instead of 50% should obtain 40% in the qualifying examination and also in the competitive examination. Thus, the only conclusion which can be drawn by the aforesaid clause is that the candidates of the reserved category securing 40% marks in the qualifying examination as well as in the competitive examination would be eligible to be admitted in the Medical Colleges." e) Upon reading of clause - 5 (5) (ii) of the aforesaid regulation in totality, this Court does not find any ambiguity and in fact from the perusal of the prayer made in the writ petition it appears that the petitioners were trying to take advantage of the letter issued by the Government of Jharkhand dated 31.7.2006 which has no role to play in the matter of admission to medical colleges. The petitioners cannot be permitted to take advantage of any letter issued by the Government of Jharkhand particularly in the matter of admission to medical colleges as the admission in medical colleges are strictly guided by the provisions of Medical Council of India which is not disputed by the petitioner also. f) So far as the contention of the petitioners regarding the qualifying marks in clause 3.2(i) of "Prospectus cum Application Form" which was issued in the booklet of JCECE-2010 is concerned, this Court does not find any ambiguity in the same. In fact, the said clause is crystal clear and is in consonance with clause 5(5) (ii) of the regulation for graduate medical education 1997. The clause 3.2(i) of the aforesaid "Prospectus cum Application Form" is quoted herein below for ready reference:- g) The petitioner in the writ petition in para-12 has mentioned as follows:- "12. That the said "Prospectus cum Application Form" contains the full description which a candidate was required to possess. The eligibility criteria, the process of selection, instructions as to how the application was to be sent, all these things are stipulated in this "Prospectus cum Application Form". Clause 3.2 (i) of this "Prospectus cum Application Form" Booklet of "JCECE - 2010" stipulates that in the case of reserved category candidates, marks obtained in qualifying examination and the marks obtained in competitive entrance examination have to be clubbed together to arrive at the average 40% marks, which is the minimum eligibility criteria for selection of a candidate belonging to Schedule Tribe (reserve category). For better appreciation of the matter, the relevant extract of Clause 3.2(i) of this "Prospectus cum Application Form" is reproduced herein below:- h) Thus while reading clause 3.2(i) of the aforesaid "Prospectus cum Application Form" the petitioners have tried to selectively read the said clause. Had they read the entire clause in totality, there is absolute clarity regarding the eligibility criteria and the same is in consonance with clause 5 (5) (ii) of the regulation for graduate medical education 1997. Had they read the entire clause in totality, there is absolute clarity regarding the eligibility criteria and the same is in consonance with clause 5 (5) (ii) of the regulation for graduate medical education 1997. i) Moreover, the contention of the petitioners that subsequently in the year 2011 the advertisement was modified so as to take away the ambiguity and accordingly the petitioners should be granted the benefit of the ambiguity in the earlier advertisement of the year 2010, is also fit to be rejected because of the reason that there is no ambiguity in the regulation which has been prescribed by the Medical Council of India and the petitioners had no dispute or doubt in their mind that admission of the petitioners is to be governed by the regulation issued by the Medical Council of India. j) The judgment which has been referred to by the respondent in the counter affidavit dated 27.9.2011 in W.P. (C). No. 5538 of 2011 with W.P. (C). No. 5711 of 2011 clearly covers the issue involved in this case against the petitioners and it has been clearly held in that judgment that the candidates are required to obtain minimum of 40% marks in Physics, Chemistry & Biology taken together in Competitive Examination as well as in the qualifying examination. k) So far as the judgment relied upon by the petitioner in the case reported in (2012) 3 SCC 430 is concerned, in the said case there was difference between the eligibility criteria as prescribed in the prospectus and that prescribed in clause 5 (5) (ii) of the regulation for graduate medical education 1997 and the plea taken in the said case by the authorities was that the reason of such difference was lack of clarity in the clause 5 (5) (ii) of regulation for graduate medical education 1997. In the said judgment the directions were issued under special facts and circumstances of the said case under Article 142 of the Constitution of India for doing complete justice and the students were permitted to continue and complete the medical course. l) In the instant case, the facts and circumstances are totally different as explained above. Otherwise also this Court under Article 226 of the Constitution of India cannot exercise such powers which are exclusively conferred upon the Hon''ble Supreme Court under Article 142 of the Constitution of India. l) In the instant case, the facts and circumstances are totally different as explained above. Otherwise also this Court under Article 226 of the Constitution of India cannot exercise such powers which are exclusively conferred upon the Hon''ble Supreme Court under Article 142 of the Constitution of India. m) The fact remains that the petitioners were granted admission by virtue of interim order dated 27.9.2010 wherein the petitioners had taken admission at his own risk and peril with a clear under taking the they will not claim any equity. n) From the perusal of the record, it appears that no endeavor was made by the petitioners to get the matter finally disposed of and rather the matter was adjourned from time to time knowing fully well that the petitioner will not be able to claim equity in view of the order dated 27.9.2010. The fact also remains that the final medical certificate has not been issued to the petitioner although they have been granted the certificate of registration by the Jharkhand Council of Medical Registration. Moreover, the reliefs to the students in the judgment cited which has been passed by the Hon''ble Supreme Court have been passed by exercising power under Article 142 of the Constitution of India and this Court is of the view that similar directions cannot be passed in exercise of power under Article 226 of the Constitution of India while dismissing this writ petition, inspite of the fact that the petitioners have already completed the course during pendency of the writ petition pursuant to the interim order passed by this court in the instant matter. This Court is of the firm view that all the interim order has to merge with the final order and when the writ petition is being dismissed, no relief can be directed to be continued to the petitioners by virtue of interim order granted earlier. This Court is inclined to take this view also on account of the fact that the petitioners did not take any steps for early disposal of the case and when the matter was taken up, the petitioners prayed for time and completed the course during the pendency of the writ petition. The petitioners had clearly taken a calculated risk for which they have no option but to suffer. 26. In view of the aforesaid facts and circumstance both the writ petitions are dismissed. 27. The petitioners had clearly taken a calculated risk for which they have no option but to suffer. 26. In view of the aforesaid facts and circumstance both the writ petitions are dismissed. 27. Interim order stands vacated.