A.S.DAVE, J. - (1.) Heard learned Counsel for the appellant. Considering the urgency of the issue and the controversy involved in this Letters Patent Appeal and in view of the no objection of the learned counsels for the respondents if the appeal is heard finally, we have heard the appeal on merits finally and the same is being disposed of by this judgment and order. This appeal under Clause 15 of the Letters Patent is preferred by the appellant " petitioner No.1 with a prayer to quash and set aside the judgment and order dated 24th July, 2006 passed by the learned Single Judge in Special Civil Application No.9318 of 2006 to the extent that it denies benefit claimed in the petition with regard to direction to be issued to the respondent Nos.2 & 3 to grant admission in Post Graduate Medial Course of respondent No.2 " University.
(2.) It is to be noted that Special Civil Application No.9318 of 2006 was filed by in all five petitioners and out of them, only petitioner No.1 has preferred this Letters Patent Appeal.
(3.) It is the case of the appellant that the appellant has completed his M.B.B.S course in February, 2005 and after completing his internship on 31.03.2006 from M.S. University, Baroda and appeared in Post Graduate Medical Course entrance test and fulfilled eligibility criteria prescribed by the respondent No.2 and 3. The appellant secured 54 % marks in qualifying test conducted by the Saurashtra University and called for interview on 17.04.2006 and was placed at Serial No.5 in category of Scheduled Tribes and only one student was found eligible from the Scheduled Tribe category from Saurashtra University.;