KUMARI JAYSHREE CHANDRACHUD DIXIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition filed by an applicant for admission to the first M.B.B.S. Course in on of the Government Medical Colleges in the State of Gujarat challenges the validity of Rule 5 2(A) added on July 1 1978 in the Rules for Admission to First M.B.B.S. Course at the Government Medical Colleges in the State of Gujarat 1978 (hereinafter referred to as the Rules) In order to appreciate the points which arise for determination it would b necessary to make an appraisal of the problem against its proper background.

(2.) There are the following four Government Medical Colleges in the State of Gujarat; (1) B. J. Medical College at Ahmedabad affiliated to the Gujarat University (2) Medical College at Baroda affiliated to the M. S. University (3) M. P. Shah Medical College at Jamnagar affiliated to the Saurashtra University and(4) Government Medical College at Surat affiliated to the South Gujarat University. In order to regulate admission to these Colleges during the 5wear 1978 the Government of Gujarat has framed the Rules. Rule 1.(A) prescribes the qualifying examinations for admission to the Course. Accordingly speaking broadly only those students who have passed the following examinations are eligible for being admitted to the Course in the respective Colleges:

(3.) On July 1 1978 the Government issued a Memorandum (Annexure-I to the affidavit-in-reply dated July 14 1978 filed by Mr. M H. Dhanesha Under Secretary to Government Health and Family Welfare Department) with a view to modifying the Rules by insertion of Rule 5 (A). The newly added Rule 5.2(A) reads as under: