S. D. SHRIVASTAVA, J.

( 1 ) THIS is a petition under Article 226 of the Constitution of India. The petitioner was a candidate for admission to one of the Medical Colleges in the Madhya pradesh for the academic year 1958-59 but admission was refused to him. He now prays that by a writ of mandamus, the authorities concerned be ordered to admit him.

( 2 ) THE petitioner's case is that applications were invited for admission to the medical colleges in the Madhya Pradesh and rules were framed for admission to the M. B. B. Section, first year course for the Session 1958-59 by the Government of Madhya Pradesh. A printed copy of these rules has been filed with the petition. They are styled as "medical Colleges in Madhya Pradesh Rules for Admission 1958" (hereinafter referred to as the Rules ). He fulfilled the minimum qualification having passed the Intermediate Examination in Physics, Chemistry and Biology. The Rules provided for the order of preference in the selection of candidates. According to the petitioner, all those candidates who fulfilled the requirements under Rules 8, 9, 10 and 11 were admitted but the number of seats was larger than the number of candidates so admitted. On the

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