EKTA ARVINDKUMAR SHAH Vs. H S SHAH

JUDGEMENT

(1.) Two students who have passed their Higher Secondary Certificate Examination-qualifying examination for being admitted to First M.B.B.S. course has filed two separate petitions challenging the constitutional validity of Rules 4 5 and 9 the Rules for Admission to the First M.B.B.S. Course in Smt. N.H.L. Municipal Medical College framed by the Ahmedabad Municipal Corporation One student being minor petition-Special Civil Application No.5373 of 1992 is filed through his father and guardian. The students concerned have been considered eligible for being admitted to the First M.B.B.S. course on the ground that they are not `local students as defined in Rule 5 of the Rules for Admission to the First M.B.B.S. Course (for short `the Rule). They have also prayed that the respondents be directed to consider them eligible for admission to the First M.B.B.S. course and be further directed to include their names in the merit list and they be called for interview for the purposes of admission to the First M.B.B.S. Course at Smt. N.H.L Municipal Medical College Ahmedabad. At the request and with the consent of the learned Advocates appearing for the parties both the matters have been heard together and are being disposed of by this common judgment and order.

(2.) The factual data with regard to each of the students is as follows : @@@ ------------------------------------------------------------------------------------ Spl. C. A. 5220/92 Spl. C. A. 5373/92 1 Name of the student Kum. Akta Arvind Kumar Dholakia Advait Shah Nityanand 2 Marks obtained in 540/700 567/700 SCC Examination 3 School through which Firdaus Amrut Tripada High the student passed Higher Secondary School 1 Ratnaraj SCC Examination School Society Ghalodia Cantonment Area Ahmedabad Ahmedabad (school (School situated situated outside outside Municipal Municipal Corporation limit) Corporation limit) 4 Marks obtained in 392/450 396/450 HSC Examination held in March 1992 (10 + 2 pattern) 5 School through Firdaus Amrut St. Xaviers High which the Higher Secondary School Loyala students passed School Hall Ahmedabad HSC examination Cantoment Area (School within Ahmedabad (School Municipal outside Municipal Corporation Limit) Corporation limit) ------------------------------------------------------------------------------- @@@ Both the students applied for being admitted to First M.B.B.S. course at Smt. N.H.L Municipal Medical College for the year 1992. Their names have not been included in the merit list declared by respondent-College authorities on the ground that they were not `local students. As defined under Rule 5 of the Rules only if a student has passed both SSC and HSC examinations from schools situated within Municipal Corporation limits he is considered a `local student. Petitioners contend that the rules which prescribe eligibility criteria and restricts the admissions to the categories of `local students only are violative of Article 14 of the Constitution of India inasmuch as the classification of `local students and other students is not based on any rational or intelligible differentia which distinguishes the persons grouped together from those who are left out of the group. It is further alleged that even if the classification is considered to be reasonable which it is not there is no rational nexus with the object sought to be acheived. In such cases the object is to select the best meritorious candidate.

(3.) In the State of Gujarat Secondary Education Board conducts the Secondary School Certificate Examination which is popularly known as SSC Examination. Similarly the Board conducts Higher Secondary Certificate Examination (10 + 2 pattern). The schools from which both the students concerned in these two petitions have passed their SSC Examination and HSC examination are affiliated to the Gujarat Secondary Education Board. The syllabus and standard of examination are the same for the schools affiliated to the Gujarat Secondary Education Board. Thus there is common syllabus common examination and there is common standard of evaluation. For all the schools affiliated to the Gujarat Secondary Education Board whether situated within the Municipal Corporation limit or outside the Corporation limit anywhere in the State of Gujarat there is common examination and common standard of evaluation. This factual position is not in dispute.