JUDGMENT - B.H. MARLAPALLE, J.:---Heard learned advocates for the parties. Rule. By consent of the parties, Rule made returnable forthwith.

2.The factual matrix of the matter which is relevant to decide the claim of the petitioner is as under :

The petitioner belongs to S.C. Category and he sought admission to the M.B.B.S. Course from the said category. He passed his M.B.B.S. Examination in the first attempt and Secured 255 marks out of 400 in the subject of Surgery in the year 1994. He completed one year internship from 23-2-1995 to 22-2-1996 and became eligible for from 23-2-1995 to 22-2-1996 and became eligible for admission to Post Graduation Course from January-1996 Batch onwards. The petitioner also possessed the experience of house job in surgery.

3.The respondents issued an advertisement on 6th April, 1996 for admission to Post Graduation Courses (Degree and Diploma) for the January-1996 Batch and the said admissions were against the seats available at the Government Medical College, Aurangabad as well as S.R.T.R. Medical College at Ambajogai. The petitioner submitted his application for P.G. with first preference to M.S. (General Surgery) as contended by the petitioner.

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