JUDGMENT

RANGANATHAN, J,:— Getting an admission into a professional course has become so difficult and competitive of late that litigation instituted by disappointed candidates has become a regular feature. This appeal, arising out of such a context, throws up for consideration certain aspects which call for a difficult exercise in balancing equities, We therefore, proceed to discuss the facts and issues at some length.

2. The appellant Dr. Km. Nilofar Insaf and respondent No. 4, Dr. Devraj Jain were competitors for a single seat in the Masters Degree (M.D.) course in Radiology at Gandhi Medical College, Bhopal. The appellant got admission to this seat in preference to Dr. Jain because she had obtained average marks of 59.60 per cent. in the examinations of the M.B.B.S. course whereas Dr. Jain had obtained only 58.50 per cent. Dr. Jain successfully challenged the admission granted to the appellant in preference to himself in a writ petition in the Madhya Pradesh High Court. Dr. Insaf, who has forfeited her admission in consequence of the judgment of the High Court, has filed the present appeal.

2A. In order to appreciate the circumstances in which the admission granted to the appella