Judgment S. K. Singh, J. 1. The present application under Articles 226 and 227 of the Constitution of India, has been filed for commanding the respondents to verify the answer books of General Medicine of the petitioner and after verification to correct his mark-sheet, publish his result on that basis, and declare him successful in the Post-Graduate Medical Admission Test examination, 1987 and subsequently to direct the respondents to admit the petitioner in the Post-Graduate in any Medical College in the State of bihar. 2. The short facts giving rise to the present writ application is that the petitioner, who fulfils all the requisite qualification for appearing in the Post Graduate Medical Admission Test Examination, 1987, filled up his application form for the said examination, which was scheduled to be held from 20th of January, 1988. Subsequently, an Admit Card was issued to the petitioner and he appeared in the said examination. As according to him, he had fared-well in the said examination, as such, he expected that he would succeed in the examination. But when the result was hung on the Notice Board on 9/1/1988 and subsequently published in the times of India on 10/4/1988, the petitioner was surprised to find that his roll number was missing from the merit list and persons, who had secured only 65 marks, which were much below the marks expected by the petitioner, were selected for admission. 3. It has been contended by the learned counsel appearing on behalf of the petitioner that the answer sheets were evaluated by the computer after re-programming for,the concerned subject. According to the learned counsel some times the computer gives erratic results and, as such, he had requested for re-evaluation of bis answer sheets. The petitioner had made representation before Respondent No.2, the then Controller of Examination on 10/5/1988 and he was assured by Respondent No.2 that the needful would be done, but, inspite of assurance no re-evaluation was done inspitc of several reminders filed on behalf of the petitioner and, as such, the petitioner had mo effective remedy left but to invoke the jurisdiction of this court. 4.
4. Learned counsel appearing on behalf of the State has stated that the answer sheets of the petitioner were not available and the same have been destroyed after 15 days f of the publication of the results as per previous agreement, as such, there is no question of re-evaluation of the answer sheets. 5. He has further asserted that as no other candidate had challenged the validity of the said result, as such, it cannot be said that the computer was working in an erratic manner. 6. It will not be out of place to mention here, that by an interim order passed by this Court on 12/1/1990, the Controller of Examination, Health services was directed to permit the petitioner to attend classes in one of the Medical Colleges of the State of Bihar and pursuant to such direction the petitioner has been attending his post Graduate classes since last more than two years, and has now only to appear in the theoretical and practical examination. 7. In view of the fact that permission to attend the classes has been granted to the petitioner and actually he has been attending the same for the last two years, a ray of hope has been generated in the petitioner and as the petitioner was already attending the Post Graduate classes, he did not sit in another competition examination held subsequently. No useful purpose will now be served by restraining the petitioner from completing his course. As such, in the special circumstances of this case, I direct the respondents to admit the petitioner and allow him to complete his Postgraduate course. As already stated above, this order is in the special facts and circumstances of this case and shall not be precedent for other similarly situated cases. 8. In the result, this application succeeds is and allowed to the extent of the direction and observations given above. There will be no order as to costs.