KHARE, J. - (1.) By means of this petition under Art.226 of the Constitution the petitioner has come up before this court praying for issuance of a writ of mandamus directing the Director of the Institute of Medical Science, Banaras Hindu University, Varanasi to admit her in M.B.B.S. course.
(2.) Kumari Leena Gupta, the petitioner, was admitted in B.Sc., Part I course in Mahila Mahavidyalaya, Varanasi in the year 198687. It appears that her attendance fell short, and she could not appear in B.Sc. Part I in the said year. In the academic year 1987-88 she took readmission in B.Sc. Part I in the said college. She claims to have pursued her studies in the said course in the academic year 1987-88. The Institute of Medical Science of Banaras Hindu University imparts education and examines students for M.B.B.S. Course. For that purpose the Academic council of the University has framed Ordinance. Fifty seats in the course are available every year for admission to Ist Year M.B.B.S. course in the Institute of Medical Sciences of Banaras Hindu University. Under the Ordinance a quota of five seats is reserved for the bond fide students of degree course who have attended the prescribed course of studies and who are on the roll of Banaras Hindu University at the time of appearance at the Pre-Medical Test and qualify in the said test.
(3.) Banaras Hindu University issued an advertisement for holding Pre-Medical Test for admission to M.B.B.S. course for the year 1988-89. The said advertisement provided that in case any student desired admission against supernumerary quota, a certificate was required to be submitted in the pro forma prescribed. The petitioner applied for Pre-Medical Test for admission in M.B.B.S. course for the academic year 1988-89. Along with her application she annexed a certificate dated 15-2-1988 of being a bona fide student of degree course. The petitioner's application was accepted and she was allowed to appear at the Pre-Medical Test. It appears that she had qualified for being admitted against the quota of five seats reserved for bona fide students of degree course but she was refused admission on the ground that she was not a bona fide student of degree course. It is at this stage that the petitioner has approached this Court.;