- (1.) By means of this writ petition the petitioner (Dr. Dvijendra Nath) has prayed for a direction in the nature of mandamus commanding the respondents to admit the petitioner in the M. S. General Surgery Course.
(2.) Necessary facts giving rise to this writ petition are that the petitioner and one Shri D.K. Sharma (opposite party No.3) had applied for admission to Post Graduate Classes in the Medical College in pursuance of advertisement notice dated 27-3-1987. Both the petitioner and the opposite party No.3 had given first preference for M. S. General Surgery Course. The percentage of marks of the petitioner in the M.B.B.S. Course is 53.5% while that of the opposite party No.3 is 51.04%. Both were found inferior in comparison to the candidates who were selected for the Session 1987-88. It appears that on 26-10-1988 opposite party No.2 in the present writ petition has admitted opposite party No.3 to the M. S. General Surgery Course. The order dated 26-10-1988 is contained in Annexure I attached with this writ petition. On 1-11-1988 the petitioner made a representation which is Annexure II attached with the writ petition.
(3.) The main grievance of the petitioner is that the opposite party No.3 who was inferior to the petitioner has been granted admission to M.S. General Surgery Course, therefore, the petitioner has been unfairly treated at the hands of the opposite party No.2 and he has been arbitrarily refused admission to M. S. General Surgery Course. The petitioner has approached the opposite party No.2 for requisite relief but he has failed in his efforts, therefore he has approached this Court under Article 226 of the Constitution.;