ORDER

Leave granted.

2. These appeals by special leave have been preferred against the judgment and order dated 11th November, 2002 of a Division Bench of High Court of Madhya Pradesh.

3. The appellants appeared in the Madhya Pradesh Medical and Dental Post-Graduate Entrance Examination which was held on 24th March, 2002. The appellant No. 1 Dr. Paramjeet Gambhir secured 141 rank while appellant No. 2 Smita Lakhotia secured 75 rank. The first counselling was held on 8th and 9th May, 2002. According to the appellants certain seats had been surrendered from All India quota much before 8th May but the same were not included in the counselling. Under MP Medical and Denial Post-Graduate Examination Rules, 2001 a candidate who stood higher in the merit list and who did not get a course of his/her choice could forego his/her claim in the first round of counselling and had a right to appear again in the second counselling. This was commonly known as opt for waiting . Subsequently in the year 2002 new Rules were made and Rule 15.8 of the said Rules abolished the system of opt for waiting and provided that a candidate who due to any reason did not opt for any course, subject and college avai