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 has passed his qualifying examination).

(b) Candidates who have graduated from other Municipal Medical Colleges in Brihan Mumbai."

Relevant portion of rule 5 framed under the Government Resolution dated June 18, 1971 reads as follows :-

"5. . ..........................

While selecting from amongst eligible candidates preference will be given to the students of that college i.e. who passed their final M.B.B. S. Examination from that college in Broad specialities and their ancillary discipline."

2. There are four medical colleges in the city of Bombay and affiliated to the University of Bombay. Of these four medical colleges, three are run and conducted by the Bombay Municipal Corporation, namely, Lokmanya Tilak Memorial Medical College (LTMMC), Seth G. S. Medical College (GSMC) and Topiwalla National Medical College (TNMC). The only college that is being run by the Maharashtra Government in the city of Bombay is Grant Medical College (GMC). It is not necessary to state in details the facts leading to the filing of the writ petitions before the High Court out of which these appeals arise. Suffice it to say that some candidates who were not admitted in the M. D. Course in the respective colleges from which they had passed their MBBS Examination, were not also admitted in the other medical colleges in the city of Bombay, in view of collegewise institutional preference as provided by rule 4(A) in respect of three Municipal Colleges and by rule 5 relating to GMC. the Maharashtra Government College. The High Court as stated already, struck down rule 4(A) and rule 5 in part and allowed the writ petitions. hence these appeals by special leave.

3. It is urged by Mr. G. Ramaswamy, the learned Additional Solicitor General, that this Court in Dr. Pradeep Jain v. Union of India, (1984) 3 SCR 942, has given sufficient indication of its approval of collegewise institutional preference. While the learned Additional Solicitor General frankly concedes that he is not in a position to support cent per cent institutional preference or reservation of seats for admission in the M.D. Course in the Municipal Colleges and the Government College in the city of Bombay, such preference or reservation in respect of certain percentage of seats is quite permissible and will not be hit by the provision of Article 14 of the Constitution.

4. In Pradeep Jains case, the question that has been considered by this Court as noted by Bhagwati, J. (as he then was) is whether, consistently with the constitutional values, admissions to a medical college or any other institution of higher learning situate in a State can be confined to those who have their domicile within the State or who are resident within the State for a specified number of years or can any reservation in admissions be made for them so