(1) THE appellant appeared at the Joint Entrance Examination 1992 for obtaining admission to one of the medical colleges in the State of West Bengal. The advertisement, which has been filed as Annexure-P/(2) to this appeal, was issued in 1992 and governed the field at that particular point of time. It contained an eligibility clause for candidates seek- ing admission to M.B.B.S and B.D.S. Courses as well as for other courses. The relevant eligibility clause for both M.B.B.S and B.D.S Courses reads thus: "ELIGIBILITY : (For both M.B.B.S Course & B.D.S. Course) passed in U.S. (10+2) Examination of W.B Council of H.S. Education or equivalent examination recognised by concerned Universities (Calcutta, Burdwan and North Bengal) with the prescribed subjects of English, Physics, Chemistry and Biology and any other fifth subject having full marks not less than 100 & pass marks not less than 30 in each of the above subjects; OR passed/appeared/due to appear in B.Sc. Part l/ll of Calcutta University or equivalent with not less than 2 of the following subjects: Physics/Chemistry/Biology/ Zoology/Physiology/Life Science/ Bio- Physics/Bio-Chemistry, provided they passed the previous qualifying examination with Physics, Chemistry, Biology, English and any other fifth subject. The candidate must fulfill the recommendations of the Medical Council of India and the Dental Council of India in this regard. Lower age limit 17 years on 31.12.92. No upper limit. Non-fulfillment of any of the eligibility criteria will cause the candidates ineligible for admission." (2) IN the year 1988, the appellant had passed the Higher Secondary Examination under the West Bengal Council of Higher Secondary Education (hereinafter referred to as the West Bengal Council). In the subject of Chemistry, which was an optional subject of the appellant, he had secured 33 marks out of 160 in theory and 34 marks out of 40 in practicals. (3) THE Division Bench of the High Court, in the judgment impugned before us, has, interfering with the order of the learned Single Judge held that on a strict interpretation of the eligibility criteria read with Clause 3 of the instructions and information contained in the admission form, the appellant had not qualified himself for admission to the M.B.B.S. Course as he had not secured the requisite pass marks in Chemistry (Theory). However, taking note of the peculiar facts and circumstances of the case and noticing that the somewhat vague advertisement issued in 1992 was clarified in 1993, the Division Bench observed that since the appellant had undergone studies for the last many years, the interest of justice would be subserved if the appellant was permitted to appear at the Chemistry (Theory) paper of the ensuing Higher Secondary Examination to be conducted by the West Bengal Council while being permitted to appear at the final M.B.B.S examination also. This direction apparently was given to balance the equities and taking note of the fact that by that time the appellant had reached up to the final year of M.B.B.S. Course. (4) AT the time when notice was issued in the special leave petition, from which this appeal arises, on 27th March, 1998, the operation of the impugned judgment of the High Court was stayed. As a consequence, the appellant appeared in the final M.B.B.S. examination and has since passed the said examination. On account of the stay order, he has, however, not taken the examination in Chemistry (Theory) paper of the West Bengal Council till date. We are informed that the appellant is at present doing internship at the N.R.S. Medical College, Calcutta after having passed the M.B.B.S. examination. (5) MR. S.B. Sanyal, learned senior Counsel appearing for the appellant fairly submits that the interpretation placed by the Division Bench of the High Court is not capable of being assailed insofar as the eligibility criteria is concerned as the appellant had secured less marks in Chemistry (Theory). It is, however, submitted by him that to direct the appellant to take fresh examination in Chemistry (Theory) paper for the Higher Secondary class of the West Bengal Council, at this point of time, when the appellant had passed the Higher Secondary Examination as early as in 1988 and has also since passed final examination of M.B.B.S. and is undergoing internship at the hospital would cause great hardship to him. Mr. Sanyal, learned senior Counsel, in these circumstances, submits that while upholding the interpretation placed by the Division Bench on the relevant rules, the direction issued to the appellant to appear in the Chemistry (Theory) examination of Higher Secondary standard may be set aside to serve the ends of justice. (6) WE have given our careful consideration to the case in hand. (6) WE have given our careful consideration to the case in hand. Undoubtedly, it was a case of marginal ineligibility of the appellant. Seen in the light of the eligibility clause of 1992 advertisement (Supra), which, in our opinion, appears to be loosely worded and was thus capable of interpretation in more ways than one and taking note of the fact that it is not one of those cases in which the appellant is alleged to have secured admission by commission of any fraud or through any other underhand means, we think the interest of justice would be served, if the appellant is, now, not asked to appear in the Chemistry (Theory) examination paper of Higher Secondary class to be conducted by the West Bengal Council after a lapse of 12 years. The appellant has remained protected by orders of the Court and has since passed his M.B.B.S. final examination. He has spent seven valuable years of his life in pursuing these studies. We would not like to put the clock back. Moreover, the eligibility clause in the 1992 advertisement, which, in our opinion, was rather loosely worded, has also been clarified in 1993 by a fresh advertisement which is holding the field now. We, therefore, while upholding the interpretation placed by the Division Bench of the High Court set aside the direction of the Division Bench asking the appellant to appear for examination in Chemistry (Theory) paper in Higher Secondary class to be conducted by the West Bengal Council. We, therefore, in the peculiar facts and circumstances of the case consider it appropriate to clarify that this judgment in the case of the appellant herein would not form a precedent. The 1993 advertisement containing the amended eligibility clause would continue to govern admissions to various courses to which it relates. (7) THE appellant shall, under the circumstances, continue with his internship without having to pass the Chemistry (Theory) paper of Higher Secondary Examination, as directed by the Division Bench of the High Court. (8) THE appeal is disposed of in the above terms, with no order as to costs.