(1.) A Division Bench at Bombay is not ad idem with the views expressed by similar Benches, one at Nagpur and the other at Aurangabad. The Honourable the Chief Justice has, in the circumstances, constituted the present Full Bench to resolve the difference. Part-I :-- Questions referred to this Full Bench
(2.) The difference relates to a vexed question relating to admission to the medical colleges, an issue which has now, almost become an annual feature.
(3.) Facts, which have given rise to the present controversy may be stated. The Bombay Municipal Corporation (for short B.M.C.) is conducting three medical colleges and one dental college in the city of Bombay. The three colleges have an intake capacity of 400 students per year. The B.M.C. is conducting these colleges according to rules framed by it. It has been controlling the admissions to its medical colleges. The State Government, however, by a resolution dated the 5th of May, 1994 and 15th of June, 1994 sought to include these four colleges in the admission process of the State Government for the year 1995-96 in accordance with Rules framed by the State, both for under-graduate and postgraduate courses. This led the B.M.C. to file Writ Petition No. 830 of 1995. By ad interim and interim orders passed on 5th of June, 1995 and 9th of June, 1995 the State Government was restrained from applying its admission rules to colleges run by the B.M.C. The B.M.C. accordingly continued granting admissions to its colleges during the academic year 1995-96. Pending this petition, the State Government issued new rules for admission for the academic year 1996-97 in which the colleges run by the B.M.C. were excluded. A social worker Shri Govindbhai Shroff filed Writ Petition No. 3260 of 1996 before the Aurangabad Bench challenging the non-inclusion of the medical colleges run by B.M.C. in the pool of other medical colleges. By an interim order passed on 22nd of July, 1996 the Aurangabad Bench directed the inclusion of B.M.C. Colleges seats in the general pool for admission.
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