Judgment

BHAGWATI, C.J.I. :- This appeal by special leave arises from a writ petition filed by the appellant in the High Court of Bombay challenging the validity of Rule B(2) of the Rules framed by the State Government on 21st December 1984 for Admission to the M.B.B.S. Course. The validity of this Rule has been assailed on the ground that it offends Article 14 of the Constitution. The challenge has been negatived by the High Court but the appellant contends in this appeal that the decision of the High Court is erroneous and Rule B(2) must be struck down as unconstitutional and void.

2. The qualification required for admission to the M.B.B.S. course in the State of Maharashtra is the passing of 12th standard examination held by the Maharashtra State Board of Secondary and Higher Secondary Education. The teaching in the first ten standards is carried on in schools while in the 11th and 12th standards the teaching is done at some places in schools and at others in colleges. The schools and colleges where education is imparted in the 11th and 12th standards are not in any way connected with the Universities within whose jurisdiction they are situate nor have the Universities anything to do with the 12th standard examination. There is one Board for the whole of Maharashtra called "Maharashtra State Board of Secondary and Higher Secondary Education" and it comprises of three Divisional Boards - one for Vidarbha region, another for Marathwada region and the third for the rest of Maharashtra - and though for the purpose of convenience each of these three Divisional Boards conducts the 12th standard examination for the area within its jurisdiction, the examination which is held is one and the same throughout the State of Maharashtra, based on the same syllabus, with the same set of questions and the same standard of evaluation. The results of the 12th standard examination are published divisionwise and the merit list is also prepared on that basis but the question papers being the same and the standard of evaluation also being uniform throughout the three regions, it is easy to assess the comparative merits of the candidates in the three regions by reference to the marks obtained by them at the 12th standard examination. The admissions to the medical colleges within the State of Maharashtra could, therefore, arguably be determined on the basis of merit and the best candidates could be selected from all over the State on the basis of their performance in the 12th standard examination. But for the academic year 1985, the State Government departed from this principle of selection based on merit across the board and made regionwise classification for admission to medical colleges by framing new Rules for Admission to the M.B.B.S. Course on 21st December, 1984. Rule B(2) of these Rules provided inter alia as under:

"Students who have passed H.S.C. (10 + 2) 12th standard examination of the Maharashtra State Board of Secondary and Higher Secondary Education from Schools/Colleges situated within the jurisdiction of one university are not eligible for admission to medical college or colleges situated in the jurisdiction of another university. The seats at the Government Medical Colleges in Maharashtra State except those earmarked for nominees of the Government of India and nominees of Miraj Medical Centre and those mentioned in Rule D(4) below are reserved for the students of the respective university area."

The admissions to medical colleges were thus made subject to regionwise classification inasmuch as a student from a school or college situated within the jurisdiction of a particular university could seek admission only in the medical college or colleges situate within the jurisdiction of that University and he could not be eligible for admission to medical College or colleges situate in the jurisdiction of another university. This regionwise classification made by the State Government for the purpose of admissions to medical colleges was assa