JUDGMENT

DUTT, J. :— Special leave granted. Heard learned Counsel for both the parties.

2. The appeal is directed against the judgment of the Bombay High Court whereby the High Court dismissed the writ petition of the appellant challenging inter alia, the legality of the action of the respondents refusing to admit the appellant in the postgraduate M.D. Course in Obstetrics and Gynaecology for the 1987 session.

3. The appellant passed the MBBS examination from the Kakatiya Medical College under the University of Kakatiya, Warangal, in the State of Andhra Pradesh. She obtained 72%, 66.6% and 67.5% marks in the first, second and third MBBS examinations. She was awarded Governors Gold Medal by the State of Andhra Pradesh for her consistent high merit at the MBBS examination. In August, 1985, she completed her one year internship.

4. She married one Dr. Ashok Patwardhan, a Government Medical Officer working in the State of Maharashtra. he was transferred to Solapur in January, 1985. The appellant had to come to Solapur in October, 1985 and since then she has been residing there with her husband.

5. After coming to Solapur, she intended to prosecute her studies in the post-graduate M.D. Degree Course in Obstetrics and Gynaecology in Dr. V. M. Medical College, Solapur, under the Shivaji University, the respondent No. 2. Rule X(2) and (3) of the Rules regulating the appointments of Housemen and Housesurgeons at the hospital attached to the Government Medical Colleges in the State of Maharashtra, hereinafter referred , to as the Rules, provide as follows

" X ...................................... Government have from time to time sanctioned supernumerary posts-

(1)....................................... .

(2) to allow spouses of Government servants on transfer to undertake studies, if standing high in merit (which means not less than 55% at first attempt in the subject) from another college;

(3) to allow students of other colleges in Maharashtra to compete on merit for posts so as to conduct post-graduate course for which facilities are not existant or very meagre in their own college. These supernumerary posts should be awarded after fullest consideration of these principles in the above order and on merit and it is not incumbent to fill all of them or to reserve them ............ ...........It is understood that granting of registration does not absolve a candidate from competing on merit and if he cannot earn post on merit, his registration would lapse for failure to compete housemanship requirements ..........

6. The appellant made an application to the Government of Maharashtra praying for the creation of a Housepost in Obstetrics and Gynaecology under R. X(2) so as to enable her to do post-graduate studies in Dr. V. M. Medical College, Solapur. As she fulfilled the requirements of R. X(2), namely, that she is the wife of a Government servant on transfer and that she stood high in merit securing more than 55% marks in Obstetrics and Gynaecology in her MBBS examination, the Dean of the College specifically recommended her case for the creation of such a supernumerary Housepost. While the application of the appellant was under consideration, the appellant was selected for a Housepost in Surgery in the said College. She joined the Housepost in Surgery in January, 1986 and completed the same in July, 1986. But, in order to be eligible for post-graduate studies in Obstetrics and Gynaecology, she was to join another Housepost in Obstetrics and Gynaecology.

7. On July 2, 1986, the Government of Maharashtra in exercise of its power under R. X(2) created a Housepost in Obstetrics and Gynaecology with effect from July 15, 1986 specifically and categorically stating that the supernumerary Housepost was created to enable the appellant to complete her postgraduate studies at Dr. V. M. Medical College, Solapur. The Government resolution dated July 2, 1986 is extracted below :-

"Government hereby grants permission for creation of one supernumerary non stip