( 1 ) A question of fundamental importance (and of principle) which is likely to have great impact on the lives and careers of newly graduated doctors prosecuting their studies for post-graduate courses is raised in this petition under Art. 226 of the Constitution of India. It is raised by petitioner No. 1 (along with 3 other petitioners) who secured 64. 80% marks in the specialty of medicine as against 53% secured by respondent No. 7 at the final M. B. B. S. Examination upon the latter (and others who secured less marks than him) being preferred to him for appointment as Registrar in Medicine at the L. G. Hospital Ahmedabad a teaching hospital run by the Municipal Corporation of Ahmedabad. They have challenged the appointments made in disregard of their claim on the said post by virtue of much higher marks and better merits than the appointees as being unprincipled arbitrary capricious and violative of Arts. 14 and 16 (1) of the Constitution of India.

( 2 ) RESPONDENT No. 1 Municipal Corporation of Ahmedabad which fulfils the definition of State as embodied in Art. 12 of the Constitution of India runs two Hospitals in Ahmedabad namely Lallubhai Gordhandas Hospital