JUDGMENT

ORDER:— Special leave is granted. Heard learned counsel for the parties.

2. The two appellants. namely, Dr. Sanjay Mehrotra, son of Shri B. R. Mehrotra, Dr. Vivek Tandon, son of Shri T. N. Tandon and respondent No. 9, Dr. Sanjeev Kumar Aggarwal, son of Shri R. K. Aggarwal were admitted in G. S. V. M. Medical College, Kanpur in D. M. (Cardiology) course for the session 1987-89. The admissions of the appellants and the respondent No. 9 were set aside by the High Court by its judgment dated 16th September, 1988 at the instance of respondent No. 6. By the said judgment the High Court also directed the admissions of respondents Nos. 6. 7 and 8 in the said course.

3. It appears that the Government of U.P. framed certain rules for the admission in the super speciality courses. Under the said rules candidates will be admitted on the basis of their mertis in the M.B.B.S. examinations. Under the Rules, 75% of the seats are reserved for the institutional candidates. The appellants and the respondent No. 9 were admitted on the basis of institutional preference.

4. According to the High Court, in view of the decision of this Court in Dr. Pradeep Jain v. Union of India, (1984) 3 SCR 942 :