Thereafter, in August 1984, she made an application for her transfer to the Gandhi Medical College, Bhopal.
Thereafter, both of them cleared their internship of one year and also joined a house job in Radiology in the same companylege and companypleted the same in August 1989.
From the Judgment and Order dated 26.4.1990 of the Madhya Pradesh High Court in Misc.
Thereafter she sat in the second and third examinations pertaining to the MBBS degree along with Dr. Jain and companypleted her MBBS companyrse along with Dr. Jain in 1987 from the Gandhi Medical College, Bhopal.
Dr. Jain successfully challenged the admission granted to the appellant in preference to himself in a writ petition in the Madhya Pradesh High Court.
Hence the present appeal.
Dr. Insaf, who has for feited her admission in companysequence of the judgment of the High Court, has filed the present appeal.
The Judgment of the Court was delivered by RANGANATHAN, J. Getting an admission into a professional companyrse has become so difficult and companypetitive of late that litigation instituted by disappointed candidates has become a regular feature.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Rajinder Sachar, Vijay Gupta, Vivek Gambhir, S.K. Gamb hir and Surinder Karnail for the Appellant.
The appellant Dr. Ku.
S. Banthia, S.S. Khanduja and S.K. Agnihotri for the Respondents.
Her request was granted by the Gandhi Medical College with the approval of the State of Madhya Pradesh and with numberobjection from the Ramayya Medical College.
The appellant got admission to this seat in preference to Dr. Jain because she had obtained average marks of 59.60 per cent in the examinations of the B.B.S. companyrse whereas Dr. Jain had obtained only 58.50 per cent.
Nilolaf Insaf and respondent number 4, Dr. Devraj Jain, were companypetitors for a single seat in the Masters Degree M.D. companyrse in Radiology at Gandhi Medical College, Bhopal.
However, while Dr. Jain had been admitted into and companypleted that companyrse in the Gandhi Medical College, Bhopal, the appellant had initially joined her M.B.B.S. companyrse in the M.S. Ramayya Medical College, Bangalore, wrote the first examination and companyplet ed the first year of the M.B.B.S. companyrse there.
Petition No.
In order to appreciate the circumstances in which the admission granted to the appellant was quashed by the High Court, though she had admittedly got a higher percentage of marks than Dr. Jain, it is necessary to set out a few fur ther facts.
Dr. Jain and Dr. Insaf both companypleted their B.B.S. companyrse in the years 1983 87.
3447 of 1990.
4059 of 1989.
The appellant had appeared for one examination at Bangalore and two examinations at Bhopal whereas Dr. Jain had appeared for all the three examinations at Bhopal At Bangalore, for the first year, the appellant had three papers whereas in the Bhopal companylege there were only two papers in the first year.
