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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL     APPEAL     NO.7724     OF     2012   (SPECIAL LEAVE PETITION(C.)NO.17409 OF 2012)

SUJIT KUMAR LENKA & ORS.   ...APPELLANTS

                VERSUS

STATE OF ORISSA & ORS.             ...RESPONDENTS

WITH

C.A.NO. 7725 OF 2012 @ S.L.P.(C)NO.16631/2012 C.A.NO. 7727 OF 2012 @ S.L.P.(C)NO.16634/2012 C.A.NO. 7726 OF 2012 @ S.L.P.(C)NO.19643/2012

AND     WITH      

CONT.PET.(C)NO.339/2012 IN S.L.P.(C)NO.17409/2012

O     R     D     E     R   

1. Leave granted in all the Special Leave Petitions.

2. We have heard learned counsel on both sides, including  

the learned counsel appearing for the intervenors.

3. These   appeals   are   directed   against   the

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judgment   and   order   passed   by   the   Orissa   High  

Court in Writ Appeal No.95 of 2012, dated 12.04.2012.

4. At the time of hearing of these appeals, Shri P.N.  

Mishra, learned senior counsel appearing for the  

appellants in the lead matter would invite our attention  

to paragraphs 9 and 14 of the impugned judgment and order  

passed by the High Court.  In our opinion, those  

paragraphs are the only relevant paragraphs which require  

to be considered by us, and, therefore, those paragraphs  

are extracted hereunder:  

“9. Considering the aforesaid fact situation of the  matter and taking into consideration the rights of  the respondent-students and protecting the rights of  the appellants on equity, it would be appropriate for  this court to direct the committee to prepare a  combined merit ranking list of 45 in-service  candidates of 2012 and respondents-students and admit  them in the PG Course of the year 2012 on the basis  of their merit.  We direct accordingly.

Xxx xxx xxx

14. In the result the writ appeals are allowed in  part to the extent indicate above directing the  P.G.Selection Committee to admit the respondents-  students in all these writ appeals in the P.G. (Medical) Course for the year 2012 by allotting the  subject for which they are entitled as per the  combined ranking list to be prepared as per the  direction issued above.”

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A bare reading of these paragraphs would demonstrate  

that the High Court, while disposing of the Writ Appeals,  

had directed the State Government and its authorities to  

prepare a combined merit ranking list of 45 in-service  

candidates of 2012 and left over in-service candidates of  

2011, on the basis of their merit.  In our opinion, since  

each academic year is a separate academic year, the High  

Court could not have directed for preparation of a  

combined merit ranking list of candidates for the year  

2011 and 2012 and, therefore, we take exception to the  

aforesaid observations made by the High Court.  

5. In the result, while allowing these appeals, we direct  

the State Government and its authorities, first to prepare  

a merit ranking list of 45 in-service candidates of 2012  

and allot them seats according to their merit and, if for  

any reason, any seat or seats are left over after  

accommodating in-service candidates of the year 2011,  

those    seats   shall   be   allotted   to  the  

candidates of the year   2011,   purely   on   their  

merit/(s).     This  exercise   shall    be   completed by

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the State Government and its authorities within 15 days  

from today and appropriate list be prepared, as directed.  

6. If, for any reason, the intervenors have any other  

grievance, they can espouse that grievance in the same  

High Court.

7. It is clarified that we have not expressed any opinion  

on the merits of the intervenors' plea. Applications for  

intervention/impleadment are disposed of accordingly.

 CONTEMPT     PETITION(C)NO.339/2012     IN   S.L.P.(C)NO.17409/2012:

In view of the orders passed in the above Civil  

Appeals, nothing survives in this Contempt Petition and  

the same is accordingly dismissed.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

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NEW DELHI; OCTOBER 30, 2012