JUDGMENT : Heard Mr. N.Deka, learned counsel for the petitioner and also heard Mr. K. Gogoi, learned Standing counsel appearing for the Higher Education Department/respondent No. 1. 2. This is a writ petition challenging the action of the respondents particularly, the respondents No. 2 & 3 in denying admission to the petitioner to 1st Semester B.Com for the Session 2018-19 in the K.C Das Commerce College and also praying for a direction directing the respondents to admit her to the 1st Semester Course of B.Com for the Session 2018-19. 3. The case of the petitioner as submitted by her learned counsel is as follows; Following a notification issued by the respondents calling for applicant for admission into various courses in the K.C Das Commerce College wherein the last date for online submission of form for B.Com 1st Semester was given as 14.06.2018, and the date of admission was given as 19.06.2018, and the date of commencement of classes was given as 25.06.2018, the petitioner applied for admission in the B.Com 1st Semester. In the selection list notified for admission to 600 seats, the petitioner who belonged to General category was at Sl. No. 353 of the waiting list and the two private respondents i.e. the respondents No. 4 & 5 were at Sl. No. 430 & 477 respectively. Since, the last date of admission for B.Com 1st Semester 2018-19 was given as 19.06.2018, the petitioner believed that no further admission would be given thereafter, accordingly she took admission in the West Guwahati Commerce College though she was very much desirous of pursuing her studies in K.C. Das Commerce College. Though, she had already got admitted in the West Guwahati Commerce College, she was still interested in pursuing her studies in K.C Das Commerce College. So, she continued to enquire from the College authorities as to whether any more admission would be given in the event of any student not joining after admission. She was informed that all seats have been filled up and no further admission will be given. However, in the 2nd week of August, 2018, she came to know that the College authorities had given admission on 11.08.2018 to the two private respondents who were lower in the merit list. She was informed that all seats have been filled up and no further admission will be given. However, in the 2nd week of August, 2018, she came to know that the College authorities had given admission on 11.08.2018 to the two private respondents who were lower in the merit list. Admission of the private respondents who were below her (petitioner) in the merit list published by the College itself was against the principle and norms of admission given in the O.M No. AHE.250/240, 05.06.2014, issued by the Higher Education Department wherein it was clearly given that admission in all College should be on the basis of merit list prepared and the marks obtained in the qualifying examination. Therefore, the respondents should be directed to give admission to the petitioner in the 1st Semester of B.Com for the Session 2018-19 in the K.C.Das Commerce College. 4. The case of the petitioner is countered by the respondents through their learned counsel, Mr. K. Gogoi who stating as follows; That after the admission were over and the classes started some student did not attend classes and as a result 14 seats became vacant. So, it was decided that the seats should be filled up by giving admission to those who were in the waiting list, on first come first served basis. Therefore, 14 seats were filled up giving admission on that basis and the two private respondents were also admitted. Had the petitioner approached the College authorities at that relevant time she would have been definitely given admission, but since she did not appear, the two private respondents who were below her in the merit list were given admission. Now that the 1st Semester Exams are over, it is not possible to give fresh admission to 1st Semester of B/Com. The learned counsel also submitted that since the petitioner has already been admitted in another College and the 1st Semester Exams have been already over, it would not be possible to transfer her to K.C. Das Commerce College. 5. The learned counsel for the petitioner in reply submitted that the College authorities should have notified the 14 vacancies when it arose so that students in the waiting list would have been informed and approached the College for admission if they are permitted by their standing in the merit list. But, no such notification was issued. 5. The learned counsel for the petitioner in reply submitted that the College authorities should have notified the 14 vacancies when it arose so that students in the waiting list would have been informed and approached the College for admission if they are permitted by their standing in the merit list. But, no such notification was issued. The learned counsel further submitted that there is no policy of the College notified either in the advertisement for admission or given in any document regarding admission which provided that admission to future vacancies after the merit list is exhausted would be done on the basis of first come first served. Therefore, the action of the respondents did not only lack transparency but fairness in the admission process. As such, this Court can always direct the respondents to admit the petitioner even at this stage. The admission policy to Government Colleges was published in the O.M No. AHE.250/2014, dated 05.06.2014. The same is reproduced here below; “GOVERNMENT OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR :: GUWAHATI-6 No.AHE-250/2014 Dated Dispur, the 5th June, 2014 OFFICE MEMORANDUM Sub:-Uniform Policy of Admission of Students into the Colleges in different Streams of Government and Provincialised Colleges of Assam. The State of Government has been actively considering the need for making Uniform Policy of admission of the students into the Degree Colleges in different streams of Government and Provinclalzed Colleges of Assam. Accordingly, following instructions/guidelines are issued for compliance by every college authority with immediate effect, i.e. from the current year 2014-15. (i) Henceforth, the college authority should declare the numbers of seat to be offered for admission in each stream at the beginning of the Session. (ii) Admission Notice is to be published in the local Daily Newspapers, both English and Assamese, or in Notice Board of the Colleges indicating the category-wise total number of seats to be offered for admission. (iii) The admission should be on the basis of merit list prepared based on the marks obtained in the qualifying examination subject to Government Reservation Policy. (iv) A maximum 5% of the seats may be earmarked as per break up given below for outstanding Sports Persons/NCC Cadets/proficiency in cultural activities/wards of the employees of the colleges, etc. (a) 2% for Sports Persons of sports recognized by IOA/SAI and also have represented District/State etc. (b) 1% for wards of employees of the College and (c) 1% for NCC/Scouts/Guides. (a) 2% for Sports Persons of sports recognized by IOA/SAI and also have represented District/State etc. (b) 1% for wards of employees of the College and (c) 1% for NCC/Scouts/Guides. (ci) 1% for the students with achievements in cultural activities. These seats are to be settled on the basis of merit list of students concerned in each category. The detailed guidelines for filling up of these seats may be finalized by the Governing Bodies of the Colleges. (v) There shall be no discretionary Quota of Seats to be filled up by the Principal or any other authority. (vi) No seats will be offered for admission by the College Authorities against donations to the college fund. (vii) The Principal of the College will notify the closure of admission in any academic year and publish category-wise the names of students with marks etc. who are admitted to the college in the Notice Board/College Website. A copy of the same will also be submitted to the Director, Higher Education for information. The above instructions should followed scrupulously by all concerned starting with the admission for the academic year 2014-15. Any deviation from the above will be viewed seriously and will invite disciplinary actions. Sd/- (H.K.Sharma) Commissioner & Secy. to the Government of Assam Higher Education Department.” 6. From the above O.M, it is quite clear that admission to Government and Provincialized Colleges has to be on the basis of merit prepared, which is based on the marks obtained in the qualifying examination subject to Government Reservation Policy. There is no dispute on the fact that the two private respondents were below the petitioner in the merit list, therefore, as per the policy, the petitioner should have been given a chance of being admitted to the 1st Semester of B.Com in the K.C. Das Commerce College prior to them. Further, when the 14 seats became vacant due to non attendance of classes by 14 student, the College should have notified the vacancies and give a reasonable time to the persons who were in the waiting list to seek for admission if their standing in the merit list permitted. Only when people in the higher position of the merit list choose not to go for admission then only people at the lower position in the merit list should have been given the chance of getting admitted. Only when people in the higher position of the merit list choose not to go for admission then only people at the lower position in the merit list should have been given the chance of getting admitted. That would have ensured transparency, fairness and compliance of the admission policy notified in the above stated O.M. Since, the College authorities did not follow the process stated above they have deprived the petitioner the opportunity of studying in K.C.Das Commerce College and that is definitely not fair and just and it was against the admission policy of the Government. However, so much water has flown down the river since it is stated that 1st Semester exams had already been completed. Therefore, after considering all the possible options for salvaging a little bit of justice and fairness to the petitioner, in the given situation, the respondents are hereby directed to admit the petitioner in the 2nd Year of B.Com Course of K.C. Das Commerce College in the Session 2019-2020 if she passed here first year course and if University Rules permit, and if not to consider her admission in the B.Com 1st year in the next Session by giving her the right weightage of her position, in the selection process of 2018-19 if she so chooses to compete for admission to 1st Semester of B.Com again. With the above directions, the writ petition is disposed of.