JUDGMENT

FAZAL ALI, J.:—This appeal by special leave is directed against the judgment of Division Bench of the Gujarat High Court dated 19th January, 1977 dismissing the Letters Patent Appeal filed by the appellant against the judgment of a single Judge of the Gujarat High Court which summarily dismissed the petition filed by the appellant under Art. 226 of the Constitution. The High Court appears to have non-suited the appellant on the interpretation of R. 23 of the Rules Governing the Appointment of Registrars, which, according to the High Court, made the appellant ineligible for being considered for the post of Registrar Paediatrics.

2. The facts of the case lie within a narrow compass and may be briefly stated thus:-

3. The appellant after a brilliant academic career passed the S. S. C. examination in 1967 standing 9th in the entire Province of Gujarat. He thereafter joined the Medical College at Surat and passed the final M.B.B.S. examination from the South Gujarat University in October, 1973 in all the subjects in the first attempt securing as high marks as 133 in Obstetrics and Gynaecology. Thereafter the appellant completed the period of Internship in 1974 and was appointed a