( 1 ) SPECIAL Appeal No. 632 of 1997has been filed by Banaras Hindu University and two others against the judgment and order dated 29-5-1997 of a learned single Judge in Writ Petition No. 24962 of 1996. Special Appeal No. 98 of 1998 has been filed by Medical Students Association, Institute of Medical Science, Banaras Hindu University and another against the same judgment and order. Since both the appeals are directed against the same judgment and order they are being disposed of by a common order.

( 2 ) WRIT Petition No. 24962 of 1996 was filed by Dr. Deepak Kumar Singh and Dr. Rakesh Ranjan impleading; (1) The Vice-Chancellor, Banaras Hindu University; (2) The Banaras Hindu University through its Registrar; and (3) The Director, Institute of Medical Sciences, Banaras Hindu University, praying that a writ of mandamus be issued commanding the respondents to grant them admission in Post-Graduate Course (M. D. /m. S.) on the basis of entrance examination on All India basis and for a writ of prohibition restraining the respondents to grant admission to the internal candidates belonging to the Institute of Medical Sciences, Banaras Hindu University on the basis of the mark-sheet.

( 3 ) THE facts which emerge out of the affidavit filed by the parties are that the petitioner No. 1 passed M. B. B. S. from Patna Medical College and appeared in July, 1994 in the entrance examination held by B. H. U. for admission to Post-Graduate Course. He, however, could not get the subject of his choice and was given admission in M. D. in Bio Physics. The petitioner No. 2 also appeared in the same entrance examination but was unsuccessful in getting admission to a Post-Graduate Course. Writ petitioners contend that the rule of reservation in the Institute of Medical Sciences of Banaras Hindu University is ultra vires the Constitution and it is on account of the aforesaid rule that the writ petitioner No. 1 could not get admission in a subject of his choice and writ petitioner No. 2 was denied admission. In the counter-affidavit filed on behalf of the University it is averred that there are fifty seats in the M. B. B. S. Course in the Institute of Medical Sciences of Banaras Hindu University, admission to which is made on the basis of an All India Competition. There is no reservation regional or State-wise in the M. B. B. S. Course and admission is made purely on the basis of merit. There are 84 seats in the Post-Graduate Courses in the Institute of Medical Sciences out of which 25 per cent seats are filled in through a competitive test conducted by the D. G. H. M. S. , Government of India. The remaining 75 per cent seats are left to be filled in on merit, by the internal candidates having qualified at the Institute of Medical Sciences Banaras Hindu University. For filling in these 75 per cent seats, no competition is held and admission is granted on the basis of the marks secured by the internal candidates in the M. B. B. S. examination. Since there are 84 seats in the Post-Graduate Courses, 21 seats are earmarked for All India admission through the competitive test conducted by the D. G. H. M. S. Government of India and the remaining 63 seats are filled in by the internal candidates. The effect of this policy of reserving 75 per cent seats for the internal candidates is that there are more seats than the number of candidates who have passed M. B. B. S. examination from the Institute. Since there are only 50 seats in the M. B. B. S. Course all those who pass the aforesaid course are automatically assured of getting admission in a Post-Graduate Course. The left out unfilled seats from within the 75 per cent Post-Graduate seats are then filled in by an All India Competition conducted by the Banaras Hindu University.

( 4 ) THE learned single Judge did not grant any effective relief to the writ petitioners as they had challenged the admission made in the year 1994 and by the time the writ petition was decided on 29-5-97, the writ petitio