( 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 the annual examination again in January, 1996. Two external and two internal examiners, however, found that his performance was of c Grade and accordingly failed him. Petitioner -appellant has alleged -"the object of this writ petition is to show as to how the institutions of higher learning are being reduced into dens of slavery and how the meritorious candidates are made to suffer for the simple reason that they are not able to satiate the illegal demands of certain self-seekers who are masquerading as professors in preference to the 3rd rate medicore students. The case on hand presents the pathetic story of a meritorious student throughout his academic career is being dubbed as a third class student and how unjustly he is being deprived of the qualification i. e. Master of General Surgery for which he is otherwise entitled by virtue of his calibre and competence. The petitioner is making an humble attempt to cleanse the administration in the institution of higher learning and make them seats of real learning and not dens of slavery. The relationship between a master and a disciple is an age old tradition in this country. No student would be so folly to take the extreme step of accusing his own master. But, this relationship more or less depends upon both sides. If the master represents the real talent and learning and conducts himself as an ideal person, the institutions of learning will achieve their objectives, but if the master behaves in a manner not befitting to his stature then the student is at liberty to expose such a master and the petitioner humbly believes that it becomes the duty of the student to expose such self-seekers masquerading as teachers and the petitioner is prepared to face any consequence for discharging his duties towards the society. Many of the students are reeling under a feeling that they are able to get degrees only at the mercy of their professors and not because of their calibre and competence. Very few are able to put up still resistance against the autocratic functioning of the professors and in the process are sacrificing their interest. The petitioner is actually aware of the fact that the examination system at the Post Graduation level in the medical courses is highly lopsided and it is very very difficult to prove unfettered bias, mala fide intentions and rank partiality of the professors and any student who opposes this prevalent malady may not get the degree in his life time. The petitioner believes that the degree unaccompanied by required learning is as useless as the degree without the seal and the spine of fight against the injustice and without the real moto to serve the society in their respective capacities. The petitioner with a lot of mental agony and torture has decided to file this writ petitio