Judgment G. C. Bharuka, J. 1. The present writ application has been filed by the petitioner for a declaration that one seat in M. D. (Obs. and Gyn) Course available in Rajendra Medical College, Ranchi, be not treated as lapsed in view of the notice issued by the Controller of Examination, Health Services, bihar, Patna (Respondent No.3) as contained in Annexure 1 to the writ application and the petitioner be allowed to take admission against that seat keeping in view her position in the merit list. 2. The relevant facts may be stated in short. The petitioner has completed M. B B S Course. She was selected for post Graduate Medical admission Test, 1990 (in short P. G. M. A. T. , 1990 ). As per the result of the said test, the petitioner was placed at serial No.347 in the merit list. The petitioner had given her first choice of subject as M. D. (Obs. and Gyn.) 3. According to the respondents the process of taking the admission pursuant to 1990 Test was consideidirably delayed because of multiple litigations touching upon the guiding prim candidates notifying the number of seats available in different courses and invitinciples for taking such admissions. On adjudication of those dispns fronof selected and admitted on the basis of P. G. M. A. T. , 1990, inter alia, for re-adjustment to courses/instituotins (Annexureutes the respondent Controller of examination published a notice in newspaper g applicatio 1)higher choice latest by 14-9-1992 The paragraph 3 of the said notice read as follows : "this is the last chance and there will be no further re-adjustment or admission after this in PGMAT-90 even if seats remain vacant. Such seats will be treated as lapsed. " In the aforesaid notice, in the course, in question only seven vacancies were shown. 4 It is an admitted fact, as it would appear from the assertion in the writ application as also the counter-affidavit that after publication of the said notice the principal of Rajendra Medical College, Ranchi, by his letter dated 4-11-1992 addressed to the respondent Controller of Examination had intimated the Government about availability of four vacant seats instead of three seats as earlier intimated by him. According to the petitioner keeping in view her position in the merit list she is entitled to be admitted on the said vacant seat but the respondents have denied the same to her on the ground that in view of the outer date fixed for application having lapsed, that seat cannot be filled up. 5. Therefore, the moot question for consideration is whether the seat which was not notified in the notice (Anncxure 1) and the availability whereof was communicated by the concerned Principal subsequent to the outer date fixed under the notice, can be said to have lapsed in view of paragraph 3 of the said notice quoted above. In our opinion, from a reading of the entire notice it cannot be inferred that the seats which were not notified can be deemed to have lapsed because as per paragraph 3 referred to above of the notice, the expression such seats can have a reference only to the seats which have been notified therein. Therefore, the ground given by the respondents for not admitting the petitioner to the course in question cannot be said to be sustainable even on a strict reading of the notice in question. The second aspect with which we are more concerned is whether the grant of relief to the petitioner by allowing to her to take admisssion in the course in question will in any way hamper the excellence of education in the sense that the admission wilt be in the midstream of the teaching schedule. 6. From the notice (Annexure 1) itself, it appears that interviews for admissions were held between 16-9-1992 to 18- -1992 and therefore, there is nothing to disbelieve the stand of the petitioner that the admission in M D Courses has been taken till recently in the month of October, 1992. It is also an admitted position that in Post Graduate Medical counes as per the regulations under Sec.33 of the Indian Medical councils Act, 1v56, the ratio of student and teacher is maintained at 1 : 1 and the stress is more on the practical training and writing of thesis under strict guidence of the Guide. The course and the training is of two years and it is only on completion of the said period that the student can sit at the examination. The course and the training is of two years and it is only on completion of the said period that the student can sit at the examination. It has been admitted at the Bar that the imparting of teaching is to individual students and generally no group classes are held. In this view of the matter, if the period of training and the courses for the statements has to start with the date of his admission to the course, then the question of taking in the midstream of the schedule of training cannot possibly arise in such cases. 7. Nothing specific has been brought to our notice which will in any way hamper the schedule and courses of the studies in the course in question, if the petitioner or other eligible student as per the merit list is allowed to take admission against vacant seat in question. 8. In this view of the matter, taking in view the facts and the circumstances, in our opinion, the seat should be filled up by taking admission from amongst the candidates who had applied for in accordance with the notice contained in Annexure 1. 9. In this case an Intervention petition has been filed on behalf of dr. Sunita Kumari claiming therein that though she had qualified in the p. G M. A. T , 1990, having her choice in the course in question but she has not been given admission as per her choice. In our opinion, no relief can be granted to the intervenor beyond this that if she is entitled to be admitted on the aforesaid post-pursuant to her application in accordance with notice (Annexure 1) then her case will also be considered. 10. The writ application is accordingly allowed to the extent indicated above. There will be no order as to costs. Application Allowed.