JUDGMENT

DUTT, J. :— The principal point involved in these appeals relates to the constitutional validity of rule 4(.A) of the Rules framed by the Bombay Municipal Corporation for admission to post-graduate degree and diploma courses in its medical colleges 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 collegewise 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 violative of Article 14 of the Constitution and. accordingly, invalid.

Rule 4(A) is as follows :-

"4. Preference :

(A) While selecting candidates for admission to the post-graduate courses preference will be given in the following order :-

(a) Candidates applying for admission at the parent institution.

(Note: Parent institution means the medical college at which the candidate ha