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2001 Supreme(SC) 1206

DORAISWAMY RAJU, S.RAJENDRA BABU
Dean, Goa Medical College, Bambolim, Goa – Appellant
Versus
Sudhir Kumar Solanki – Respondent


JUDGMENT

Raju, J.-The above appeal has been filed against the judgment dated 9.12.1999 of the High Court of Bombay at Goa, whereunder the claim of the first respondent came to be allowed with a direction that the case of the first respondent and other similarly situated students, who applied for the Post-graduate course in the Goa Medical Colleges in terms of the 1998 Rules, shall be considered keeping in view that the residency requirement as contained in Rule III(1)(iii) is directory. The effect of the said direction is to, in substance, dispense with or doing away with the eligibility requirement envisaging ten years residency in the State of Goa in the matter of selection of the candidates for admission to the Post-graduate courses in Medicine and MDS for the academic year 1999-2000. The relevant portion of the Goa (Rules for Admission for Post-Graduate Degree Courses of the Goa University at the Goa Medical College) Rules, 1998 (hereinafter referred to as "the Goa Rules 1998") reads as follows:-

"III. Eligibility, Preference and Order of Merit:-(1) Eligibility:

Candidates applying for admission to the Post-graduate Degree courses shall:

(i) possess the M.B.B.S.









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