SIDA NITINKUMAR LAXMANBHAI DR Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) Can something which has been conferred by way of substantial rights be taken away by adopting the procedure which has no roots in any of the provisions of law ? This in short is the question at the centre of controversy raised in this petition by two students who belong to Socially and Educationally Backward Class and who wish to assert their fundamental rights as to equality before law.

(2.) The petitioners belong to Socially and Educationally Backward Class of communities. They are candidates for admission to post graduate medical courses. Petitioner No. 1 is denied to assert his claim for a seat which may be available to him in unreserved category of seats while petitioner No. 2 is denied to assert his claim for reserved category of seats. The respondent-University contained that both the students had at the commencement of the interviews exercised their choice and now they cannot be permitted to shift their stand Specifically with regard to petitioner No. 1 it is contended that at his instance the petition cannot be entertained inasmuch as he has already secured admission in the subject of orthopaedics on 24/04/1990 when the selection process started and petitioner No. 1 opted for reserved seat. It is inter alia contended that petitioners have no fundamental right under Art. 15(4) or Art. 16(4) of the Constitution. Their right if any is to claim equality before law under Art. 14 of the Constitution. In support of their claim both sides have urged several other points.

(3.) The Facts First: