JUDGMENT : 1. These appeals in fact deal with the correctness of the institutional preference for admission to the Post Graduate Course in the medical college of Banaras Hindu University. While the matter was pending in this Court under interim orders, the University has been directed to continue the practice of institutional preference limited to the extent of 60% of the intake-capacity. The University had taken a decision on 26th December, 2000 following the demand of excellence and competence by holding that the admission to the Post Graduate Course in the Institute of medical science shall be made through All India Entrance Test strictly on the basis of merit and without any institutional preference with immediate effect. The students of the college have assailed the legality of the aforesaid decision of the University by filing a writ petition in the Allahabad High Court, which is pending. Even though admission to Post Graduate Courses on merit is an ideal condition, but we do not express any opinion as to the legality of the aforesaid decision of the University dated 26/12/2000 since the matter is pending consideration before the Allahabad High Court. But until and unless that decision is held to be erroneous and annulled, question of considering the matter relating to institutional preference and the percentage does not arise. In this view of the matter in our considered opinion these appeals have become infructuous. 2. It is contended by Ms. Kamini Jaiswal, learned counsel and Mr. Dinesh Dwivedi, learned senior counsel that the interim order should be allowed to operate until the High Court finally decides the pending writ petition, whereas on behalf of the respondents Mr. Rakesh Dwivedi, learned senior counsel contended that there should not be any interim direction, particularly, when by virtue of the impugned resolution of the University merit is of prime consideration for admission to the Post Graduate Course in medical science. Since the interim order has been operating since 1999, notwithstanding the resolution having come into force on 26th December, 2000, we modify the interim order and direct that the practice of institutional preference be limited to the extent of 30% of the intake- capacity in the Post Graduate Course/ specialty in medical science until the writ petition is disposed of by the learned Single Judge. We are, in fact, forced to issue such interim direction since the admission to the Course will be made in January, 2003 and it is just not possible for the High Court to dispose of the matter by that date. We would request the Allahabad High Court to hear and dispose of the writ petition by May, 2003. 3. The appeals are disposed of accordingly.