SUJAL ATUL MUNSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On completion of hearing on 11-8-95, this Court was short of time to give reasons and, therefore, the final order was pronounced in the Court on that day. Giving of reasons was deferred and the same are now given hereunder.

(2.) Petitioner of Spl. C. A. No. 5617 of 1995 is a guardian of one minor Mehul, who had cleared his Higher Secondary School Certificate Examination (Science Stream) with 262 marks, minus 30 of attempts, which comes to 232 marks, to be considered for the purpose of admission to professional courses. The petitioner belongs to Scheduled Caste community in relation to this State. In State, there is one college named Pramukh Swami Medical College, Karamsad, which has payment seats where tuition fees payable are Rupees 55,000/ - (Rupees fiftyfive thousand) per term. According to the petitioner, so far as payment seats are concerned, reservation is not made available to SC/ST students. According to the petitioner, not providing of reservation in such payment seats is unconstitutional and ultra vires Article 15 (4) of the Constitution of India as well as Article 14 of the Constitution inasmuch as it discriminates between the students belonging to higher class (advantage class) as compared to the students belonging to reserved category. According to the petitioner, not providing reservation in respect of payment seats is arbitrary, discriminatory and violative of Article 14 of the Constitution of India. According to the petitioner, once having accepted the formula of reservation, the State cannot apply it arbitrarily without any reasonable nexus with the object, which is sought to be achieved.

(3.) In view of the above, the petitioner has filed this petition for issuance of necessary writ, order or direction to quash and set aside the Government Resolution in so far as it does not provide for reservation of SC/ST students in respect of payment seats and to hold ultra vires Rules 2 and 3 of Rules for admission to 1st MBBS/1st B.D.S./1st B.Phyiso course at the Government Medical College, P. S. Medical College, Karamsad - Govt. Dental Colleges - Schools of Physiotherapy in the Gujarat State 1995-96, ("the Rules" for short) framed by Health and Family Welfare Department, Sachivalaya Gandhinagar approved vide G.R. No. MCC 1-95/ 1680/ H dated 25-5-95 to the extent that it does not provide reservation for SC/ST students in payment seats. It is also prayed in the petition for a direction to provide reservation in such seats for the academic year 1995-96 and onwards. In substance, the petitioner challenges the action of the respondents of excluding the students of SC/ST, as no reservation is provided in payment seats at Pramukh Swami Medical College, Karamsad, being violative of Articles 14, 16, 41 and 46 of the Constitution of India.