The Judgment of the Court was delivered by DUTT, J. The principal point involved in these appeals relates to the companystitutional validity of rule 4 A of the Rules flamed by the Bombay Municipal Corporation for admis sion to post graduate degree and diploma companyrses in its medical companyleges framed on June 18, 1988 and rule 5 framed under the Government Resolution dated June 18, 1971 for admission to the Government Medical College, both the rules providing for companylegewise institutional preference for admission in the M.D. Course.
By the impugned judgment, the High Court allowed the writ petitions out of which these appeals arise, and struck down the impugned rule 4 A in whole and rule 5 wrongly stated as rule 6 in the High Court judgment , in so far as it applies to the Government Medical College in the city of Bombay, as discriminatory and viola tive of Article 14 of the Constitution and, accordingly, invalid.
Rule 4 A is as follows PREFERENCE While selecting candidates for admission to the postgraduate companyrses preference will be given in the following order Candidates applying for admission at the parent institution.
Hence these appeals by special leave.
From the Judgment and Order dated 27.7.1988 of the Bombay High Court in W.P. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
2792 of 1988 Etc.
Ramaswamy, Additional Solicitor General, T.R. Andya rujuna, V.V. Vaze, V.M. Tarkude, D.N. Misra, M.D. Siodia, Pinaki Misra, P.H. Parekh, Ms. Sunita Sharma, A.M. Khanwil kar, A.S. Bhasme, Dalveer Bhandari, Vijay Thorat, Raian Karanjawala, Mrs. Manik Karanjawala, Ms. Meenakshi Arora, D. Khanna, Rameshwar Nath, B.R. Agarwal, P.K. Pillai, P.N. Gupta, Shri Narain, Madhuri Gokhale, Prangalia and N. Nettar for the appearing parties.
3264 of 1988.
