MINOR ARPITA J BAMANIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) * * * *

(2.) Keeping in mind these observations of the Supreme Court, it will be relevant to refer to Art. 15(4) of the Constitution of India. It reads as under :-

(3.) Learned Counsel Mr. A. J. Patel appearing as Intervenor has relied on a judgment in the case of Miss Rita Kumar v. Union of India ( AIR 1973 SC 1050) to justify such a classification. In that case, the petitioners were denied admission on the ground that though the petitioners were repatriates and duly qualified, they could not be accommodated in the reserved seats as the Central Selection Committee had to draw the line somewhere. According to the affidavit, the committee decided to set a time limit of five years. Thus, the repatriates who came within five years prior to the selections were preferred to those who had been repatriated more than five years before the selection. Both the petitioners had migrated more than five years before the selection and, therefore, they were left out. It was considered there that there were no statutory rules governing the matter. The Supreme Court held :