DIPAK MISRA, CJ

In this intra-court appeal, the assail is to the order dated 9th August, 2010 passed by the learned Single Judge in WP (C) No. 4272/2010 whereby he had declined to accede to the reliefs sought by the writ petitioner (hereinafter referred to as “the appellant”), principally the relief to give him admission in MS/MD course at All India Institute of Medical Sciences (AIIMS).

2. Sans unnecessary details, the facts which are necessary to be stated for disposal of the present appeal are that the appellant had appeared in the entrance examination held by the AIIMS for admission to the post graduate course commencing in the academic session in July, 2010. The appellant had secured 179 rank in the merit list and was called for counselling. As pleaded in the writ petition, the original counselling was scheduled for 11th June, 2010 but was postponed to 18th June, 2010 due to difference of opinion between the Respondent No.2 – Director General of Medical Education (DGME) and the Respondent No.3 – AIIMS. It was contended that the AIIMS had filled up the seats by students who were not eligible to be admitted. It was also averred that the AIIMS had expanded the zone of con