JUDGMENT

S. Moahn, J.

1. Leave granted.

The short facts of the case are as under:

The appellant passed M.B.B.S. examination and was a registered practitioner. In August, 1992 appellant sent application for the postgraduate course and post-graduate diploma course for the academic year 1992-1993 pursuant to the advertisement inviting applications by respondent No. 2. He applied for M.D. general medicines and Diploma in Diabetology. He took the common entrance examination conducted by Director of Medical Examinations on 6.9.1992 and was placed in the waiting list at serial No. 2 for Diploma in Diabetology having secured 76.75% marks. Out of total number of four seats for Diploma in Diabetology, one seat was allotted to All India Quota, two were filled up in open quota on merit basis and the remaining one was filled from out of service candidates. One did not join the course out of the seats filled up in open quota and therefore, waiting list serial No. 1 was accommodated in the said vacancy.

2. As the seat allotted to All India Quota was not filled, the said seat was returned to the State Government. The appellant, therefore, on 6.4.1993 sent a letter to respondent No. 3 to admit him in th