JUDGMENT

DUTT, J. :— Special leave is granted in all these matters. Heard learned Counsel for the parties.

2. These appeals preferred by the State of Maharashtra involve the question as to the admission in the M.B.B.S. Course in the Medical Colleges in the State of Maharashtra. In the city of Bombay, there are three Medical Colleges run by the Municipal Corporation of Greater Bombay. Besides the said three Municipal Colleges, there is another College in Bombay, namely, Grant Medical College, which is a Government College run by the Government of Maharashtra.

3. Shorn of all details, it may be stated that after providing for 15 per cent of seats under the All India Quota and the seats which are to be reserved under Art. 15 of the Constitution of India, the Government of Maharashtra laid down a policy of reservation of 70 per cent of the remaining seats for the local students in the city of Bombay and 30 per cent of seats for the students outside Bombay within the States of Maharashtra.

4. Certain students feeling aggrieved by the said method of filling up of the seats in the M.B.B.S. Course in the said Medical Colleges in the city of Bombay moved writ petitions before the Bombay High Court. A learned single Judge of the High Court took the view that it was not proper on the part of the State Government to first of all fill up the 70 per cent of the seats out of (from) the local Bombay students and thereafter the remaining 30 per cent of seats from amongst the students residing outside Bombay. The learned single Judge, however, gave no specific directions to the admission of the writ petitioners, but left it to the State Government for the purpose. The State of Maharashtra preferred a Letters Patent Appeal to the Division Bench of the High Court. The said appeal was summarily dismissed by the Bench holding that the two points urged by the Assistant Government Pleader appear to be quite frivolous. The writ petitioners also preferred Letters Patent Appeals before the Division Bench. From time to time, the Bench passed some orders. The only order which is relevant for the purpose of these appeals is dated Feb. 8, 1989. By that order, the Division Bench of the High Court directed creation of 5 additional seats in each of the three Municipal Colleges and 4 additional seats in the Government Medical College, that is, in all, 19 additional seats. Certain directions were also given by the said order for admission of students in those additional seats and also the seats under the All India Quota.

5. It has been strenuously urged by Mr. G. Ramaswamy, learned Additional Solicitor General appearing on behalf of the State of Maharashtra, that the High Court was not justified in directing that the 30 per cent of seats meant for the candidates outside Bombay to be filled in before the 70 per cent of seats are filled in the local candidates. It may be stated at this stage that by virtue of the judgment in the case of Nidamarti Maheshkumar v. State of Maharashtra, (1936) 2 SCC 534 relating to admission in Medical Colleges in Maharashtra, the State of Mahashtra laid down the policy of regional reservation of 70 per cent of seats for the region of Bombay and the remaining 30 per cent of seats for the candidates outside Bombay but within the State of Maharashtra. It has already been noticed that the High Court is of the view that the 30 percent of seats should have been filled up first and, thereafter, 70 per cent of regional seats should have been filled up. We have not been able to understand the reason for this view of the High Court. If 30 per cent of seats are filled up first, the candidates who are residing outside Bombay will have to compete with the local Bombay students who are also eligible for admission in the said seats. It may so happen that most of the seats meant for candidates outside Bombay may be filled up by the local Bombay candidates. If, however, 70 per cent of seats are filled up first, by more meritorous Bombay students would be