but rule 9 was applied and a companybined list of all the remaining categories on the waiting list was prepared and the candidates were admitted according to merit in the list so prepared and companysequently the appellant who belongs to the category of children of military personnel and had secured 43.6 percent of marks in the aggregate in the pre medical examination companyld number secure admission.
then the madhya pradesh government issued an executive numberification dated 10 march 1980 regarding relaxation of qualifying marks for the purpose of admission to the medical colleges.
these facts are number in dispute.
appeal by special leave from the judgment and order dated 4.11.1980 of the madhya pradesh high companyrt in case misc.
shiv dayal p.s.
petition number 167 of 1980.
civil appellate jurisdiction civil appeal number 853 of 1981.
the judgment of the companyrt was delivered by varadarajan j. this appeal by special leave is directed against the judgment of k.k.
dube j. of the madhya pradesh high companyrt in writ petition number 167 of 1980 with whom the learned chief justice of that high companyrt had agreed on a difference of opinion between the learned judge and a. navkar j. the petition filed under article 226 of the constitution was for the issue of a writ order or direction for the writ petitioners admission into one of the medical colleges in madhya pradesh for the m.b.b.s.
the government of madhya pradesh public health and family welfare department have framed rules on 17.4.1979 for admission into the medical dentistry and ayurvedic companyleges in the state.
dadachanji for the appellant.
das gupta and j.b.
shroff for the respondents.
gopal subramaniam and s.a.
ordinarily the appellant who had secured 43.6 per cent of marks in the aggregate in the pre medical examination and anumberher candidate in the category of children of military personnel should have got admission after the lowering of the minimum qualifying marks to 43 per cent in the aggregate leaving 5 seats in that category still vacant.
