JUDGMENT

Kirpal, J.-The question which arises for consideration in this appeal relates to the admission to first year M.B.B.S. course for the session 1996-97 to the Rohtak Medical College, respondent No. 2.

2. Seats in different medical colleges in the State of Haryana are filled on the basis of M.B.B.S. entrance examination. Rohtak Medical College, respondent No. 2 is affiliated to Maharshi Dayanand University, Rohtak and for the session 1996-97, it had 60 M.B.B.S. free seats to which admission had to be made in the first year of the said course. Out of this, 49 seats were to be filled from the open category candidates while remaining 11 seats were reserved for backward class candidates.

3. In the entrance examination, one Sunil Yadav, on the basis of his marks had secured position at serial No. 1 in the category of backward class quota while in the general category, he had been placed at merit position No. 62. The seats to the medical colleges are filled on the basis of counselling where candidates are given option to select the college where they want to study. This option is given to the candidates, whose names are arranged in the order of merit.

4. On 9.9.1996, the first counselli