VISHVAS PRAVINCHANDRA SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant is aggrieved over his case being not considered for admission to First Year M.B.B.S. Course, 1993-94, hereinafter referred to as "the course".What is coming in his way is Rule-1 of Rules for admission to the First Year M.B.B.S. Course. The Said Rule is extracted as follows :

(2.) We heard Mr. Ajay R. Mehta, for Mr. RH Mehta, learned counsel for the appellant. First learned counsel for the appellant would submit that there is no warrant to depart form the rule governing induction into Engineering Course and similar rule ought to govern the First Year M.B.B.S. Course and here itself an element of discrimination has crept in which is violative of Article 14 of the Constitution of India. Simply because both the Courses are in the educational field, it is not possible to draw a parity between the two courses and treat them as equal for the purpose of assessing as to any element of discrimination within the mischief of Article 14 of the Constitution of India has crept in regarding standers for admission. The courses being different, the standards for induction into them naturally could be different Hence, we eschew this line of thinking advanced by the learned counsel for the appellant

(3.) Secondly, the learned counsel for the appellant would submit that the rule does not satisfy the twin tests, on satisfaction of which alone any classification could be upheld. The learned counsel for the appellant would submit that the course being of First Year M.B.B.S. and the qualifying examination being Higher Secondary Certificate Examination, there ought not to have been a drawing of a line limiting induction into the course only for candidates who passed the qualifying examination in the month of March/April of the current year or October/November of the preceding year, and excluding candidates who passed the qualifying examination in the other past years. We find that this aspect has been adequately dealt with by the learned Single Judge in XXV(2): 1984 (2) Gujarat Law Reporter, 761. As to how the admission would become a lopsided system, if there is no distinction or line drawn between the students who have passed the qualifying examination in the recent past and the student who have passed the qualifying examination in the remote past, has been taken note of by the learned Single Judge in the following discussion :