( 1 ) INSTANT appeal under Clause 15 of the Letters Patent of the Court has arisen from the Judgment in a petition by the appellant under Article 226 of the constitution of India alleging, inter alia, that he has been failed in the Post graduate annual examination of M. S. General Surgery conducted in January, 1996 in an unjust manner and sought the relief accordingly of getting work sheets of both theory and practical (clinical) re-evaluated and if successful in re-valuation to declare his result accordingly.

( 2 ) ACCORDING to the petitioner - appellant he was a bright student throughout his academic career having secured 6th rank in the entrance examination for medical course in 1976 and after doing his M. B. B. S. , joined Government service, applied for Post Graduate Medical Course under the Service category, secured 2nd rank in the entrance test for the said purpose and accordingly he was allowed to sit in M. S. General Surgery Course. Because of his ill-health, however, he could not do well in the annual examination held in January, 1995 and could not sit also in the examination which was held immediately thereafter i. e. , in July, 1995. He, however, wrote