DEANG S MEDICAL COLLEGE Vs. SAMINA SUHEL KHATIB

JUDGEMENT

(1.) This appeal filed by the Deam, G. S. Medical College, and the Municipal Commissioner, Municipal Corporation for Greater Bombay was referred to this Full Bench as a question of general importance affecting a large number of medical students seeking admission to the post-graduate medical courses in a college run by the Municipal Corporation, was involved. The appeal is directed against the judgment of the learned single Judge who has taken the view that the rules in question which give a preference to the students of a medical college belonging to the Corporation for the purposes of admission to the postgraduate medical course in that college are bad on the ground of violation of Article 14 of the Constitution. While arriving at this conclusion, the learned single Judge has followed a decision of the District Bench of this Court given at Nagpur in Dr. Satish B. Deopujari v. State of Maharashtra, Writ Petn. No. 1974 of 1981 decided on 11-12-1981 (hereinafter referred to as "Deopujari's case").

(2.) Two other writ petitions, in one of which a similar question is involved, were also heard along with this appeal. One was Writ Petition No. 1`741 of 1982. In the other writ petition, being Writ Petition No. 1589 of 1982, a question relating to the validity of rules made by the State Government consequent upon the decision of this Court in Deopujari's case was the subject-matter of challenge. It, however now transpires that both these petitions have become infructuous and this is not in dispute. But since the State of Maharashtra is a party in Writ Petition No. 1589 of 1982, we have also heard the learned Advocate-General who has supported the view than in Deopujari's case.

(3.) We may how briefly refer to the facts which are relevant for the decision of this appeal. Admittedly the original petitioner (respondent 1 in this appeal) had passed M. B. B. S. Examination from the Marathwada University in December 1982 and she stood first in the Examination securing 904 out of 1400 marks. She has also earned a large number of prizes and all gold medals. She applied for admission to the M. D. course in the subject of medicine in the G. S. Medical College, Bombay , which is run the Municipal Corporation of Greater Bombay . She, however, did not find her name in the list of candidates admitted to the post-graduate course and she, therefore, filed petition challenging the decision of the authorities rejecting admission to her.