Dr. NTR University of Health Sciences, A.P, Vijayawada-1st respondent issued notification for admission to Super Speciality Courses (DM and M.Ch.) for the Academic Session 2008-2009. The method of selection for admission of candidates to Super Speciality Courses (DM & M.Ch.) for the Academic Session 2008-2009 is by way of entrance test. Dr.(Miss) Sepuri Madhuri-petitioner and Dr.Yeluri Sudha Rani-3rd respondent appeared for the entrance test held on 29.06.2008.

Both of them secured 66 marks in the entrance test. They competed for admission for a seat in DM (Endocrinology). The eligibility under relevant qualifying examination for admission in DM (Endocrinology) is MD (General Medicine or Paediatrics or Biochemistry). The petitioner as well as the 3rd respondent got eligibility for admission in DM (Endocrinology) since they did MD in Biochemistry. Since both secured 66 secured marks in the entrance test, there was a tie between the petitioner and the 3rd respondent. In view of the tie, the 1st respondent University has invoked Rule 7.6 of the prospectus, which reads that if two candidates get equal marks in the entrance test, marks obtained in MBBS upto two decimal places