JUDGMENT

N.P. Singh J.-Leave granted.

2. This appeal had been filed on behalf of the Gujarat University (hereinafter referred to as the university) for setting aside an order dated 30.9.1991, passed by the High Court directing the appellant-university to grant admission to the respondent No.1 (hereinafter referred to as the respondent) in the super speciality course of M.Ch. (Master of Chirurgee) in Onco surgery, in the session which commenced from 1.7.1991.

3. It appears that the appellant-university invited applications for admission to two years super speciality courses of D.M. and M.Ch. commencing from 1.7.1991. An entrance examination was also conducted to select the students for admission in the aforesaid courses. The number of seats in the super speciality courses are very limited, because of which in the rule framed by the appellant-university, it has been provided that the first preference shall be given to the students of the appellant-university. The students from other universities are not denied admission but they have to rank next to the students of the appellant-university. As the respondent aforesaid was denied admission on the ground that he was not a student of the