JUDGMENT

Ruma Pal, J.-The dispute in this case relates to the allotment of a seat to the Post Graduate course of Medicine (MD) (Medicine) for the academic session which commenced on 14th May 2000 in Pandit B.D. Sharma Post-Graduate Institute of Medical Sciences, Rohtak, (hereinafter referred to as PGIMS ).

2. The entrance examination for the academic session 2000 was held on 16th April 2000 by respondent No. 3, Guru Jambheshwar University, Hissar for the M.D. Course under the State quota for the PGIMS. Both the appellant and the respondent No. 4 were successful. The Respondent No. 4 was placed 24th whereas the appellant ranked 43rd in the merit list. The first choice of both the respondent and the appellant was admission in M.D. (Medicine) in PGIMS. The first counselling was held on 8th May 2000. The Respondent No. 4 was offered a seat in the M.D.(Anaethesiology) as there was no vacancy in M.D. (Medicine). The respondent No. 4 accepted the allotment but got himself wait-listed for the second counselling. The appellant was allotted a seat in M.S. (Obstetrics & Gynecology). Since the appellant did not get the course of her choice she also opted for being wait-listed for the second cou