D. P. MADAN, P. N. BHAGWATI
Nidamarti Maheshkumar – Appellant
Versus
State Of Maharashtra – Respondent
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
referred to : Pradeep Jain v. Union of India
Jagdish Saran v. Union of India
A. Peeriakaruppan v. State of T.N.
State of U.P. v. Pradip Tandon
followed : A. Peeriakaruppan v. State of T.N.
distinguished : D.N. Chanchala v. State of Mysore
referred to : D.P. Joshi v. State of M.B.
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