KUMARI ASMITA CHANDRAHAS PATODEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner challenges the rules framed by the Government of Maharashtra for admission to the Medical Colleges of the Government of Maharashtra for the year 1982-83. These rules are hereinafter referred to as "the said rules".

(2.) The petitioner passed 10th Standard Examination from the Sardar Dastur Girls' High School at Pune in the year 1980. Prior to that, the petitioner was studying in the Terna Public School at Osmanabad upto 10th Standard. After completion of her 10th Standard, the petitioner joined the Marathwada University Area by enrolling herself in Saraswati Bhuvan Science College at Aurangabad and completed her llth and 12th Standard Examinations. At 12th Standard Examination, she secured 75.17 per cent, marks in all subjects. In Biology Group, which consisted of Botany and Zoology subjects, the petitioner secured 81.66 per cent, marks. The Biology Group marks are for the purposes of getting admission to the Medical College. After addition of marks to which the petitioner is entitled for consideration for her admission to the Medical College, the total marks come to 86.06 per cent. The petitioner claims to be the resident of village Patoda in Taluka and District of Osmanabad, which is situated within the Marathwada University Area. After the declaration of results of 12th Standard Examination, the petitioner submitted an application to the Government Medical College at Aurangabad. This application was addressed to Respondent No. 2, who is the Dean of the said Government Medical College at Aurangabad.

(3.) The petitioner was informed that in view of rule 2 (bb) of the said rules, she was not entitled to get admission in the said Government Medkal College as the said rule provided that the students, who have not passed 10th, llth and 12th Standard Examinations from the Maratbwada University Area, are not eligible for taking admission to the medical colleges situated within the jurisdiction of the Marathwada University Area. A printed copy of the said rules is annexed to this petition. It is contended by the petitioner that rule 2 (bb) of the said rules prohibits the petitioner from making an application for admission to the Medical College and the same violates Article 14 of the Constitution and creates a discrimination between the students passing 10th Standard Examination from the Marathwada University Area and the students passing the said examination from outside the Marathwada University Area. The petitioner further contended in the petition that the said rules are violative of the principles of natural justice. It is also contended by the petitioner that the said rules are in the nature of mere executive guidelines and they have no force of law and that the said rules are framed by the Government in its executive powers. It is contended that the said rules were not prepublished and the same are not placed before the Houses of Legislature and, therefore, they are unconstitutional and cannot be given effect to unless they acquire a status of law.