( 1 ) THIS petition filed by a student seeking admission to post Graduate course of M. D. (Ayurved) to the pioneer institution of ayurvedic education in the entire country, namely, the Gujarat Ayurved university, Jamnagar, represented through its Dean, has brought to the surface a very sorry, sordid and dismal state of affairs prevailing in the institution of higher education. So gross are the lapses and lack of coordination on the part of the Gujarat Ayurved Univeristy and the Principal of Government Akhandanand ayurved Mahavidyalaya at Ahmedabad that this Court cannot help observing that even institution of higher education makes mockery of meritocracy and toss the life of the student to a stage of uncertainty and ultimately helpless student knocked the door of the Court of law for justice. The interference of this Court in the matter of admissions to any course in educational institution is a matter of dislike and is adversely commented upon by the Apex Court of the country and the scope of judicial reviewability of decision taken in educational matter by educational institution is gradually restricted or conditioned. Before this Court proceeds to deal with the scope of its jurisdiction in light of various binding decision of the Apex Court it would be necessary to refer to the facts giving rise to the present petition.

( 2 ) CASE of the Petitioner : (i) The petitioner passed her B. A. M. S. Examination held in October, 1994, the internship commenced from 1-1-1995 and she completed the same on 30/06/1995. (ii) On 14/03/1995, respondent No. 2, Dean of Gujarat Ayurved university, issued a public advertisement inviting applications from the candidates holding the Degree of B. A. M. S. or equivalent for admission to (1) 3 years M. D. (Ayurvedic) course and (2) 2 years P. G. Diploma in Panchakarma course of the jamnagar Institute of Post Graduate Teaching and Research in Ayurved. It was also stated that the application form and the rules for admission could be obtained from the Dean, second respondent and that they will be issued from 20/03/1995. It stipulated that the last date for receiving the admission form duly filled-in at the institute of Post Graduate Teaching and Research is 22/05/1995. (iii) The petitioner initially in the memo of Special Civil Application simply stated that as she was interested in prosecuting her Post Graduate studies in Ayurved medicine, she had tendered the admission form for securing admission. Prior thereto, she was misinformed or misguided by the staff of the first respondent College that she was ineligible to apply for admission as she has not completed her internship. However, her application form for admission to M. D. (Ayurved) Course was duly recevied and accepted as on 31/05/1995 and that vide letter dated 25/06/1995, issued by the Principal of the College, she was directed to appear at the entrance Examination to be held on 29th of June, 1995 at 9-00 a. m. at the Deans office, Administrative Building, Gujarat Ayurved University at Jamnagar. She accordingly appeared at the Entrace Test Examination and duly passed the same. Till that date, she was never informed that she would be denied admission to M. D. (Ayurved) Course as her admission form was received late, i. e. , on 31/05/1995. (iv) In response to the stand taken by the Dean of Gujarat Ayurvedic University in affidavit-in-reply to the effect that the last date for submitting the duly filled in application forms for admission was 22/05/1995 and that application from the petitioner was received on 31st of May, 1995, her application was not required to be considered and that she was not even entitled to appear at the Entrance Test, the petitioner in the rejoinder-affidavit filed by her pointed out that in fact the admission form was denied to her by P. G. clerk, other staff and Principal of the first respondent-College on the ground that the petitioner was not eligible to apply for admission to M. D. (Ayurved) Course as sh