JUDGMENT

THAKKAR, J.—What may appear to be equal treatment accorded in obeisance to the equality doctrine embodied in Article 14 of the Constitution in its application in reality may result in denial of equality and may accordingly be liable to be condemned for defying the equality doctrine. This has been illustrated by the provision embodied in Ordinance No. 278-E(d)(ii) of the Ordinance of University of Rajasthan which provides for uniform addition of 5% marks to the students applying for admission to the postgraduate course in any one of the five Medical Colleges provided the student has passed his final MBBS Examination from the College to which admission in post-graduate course is sought. The said provision has been held to be unconstitutional and in our opinion the conclusion reached by the High Court is right though the reasoning which has commended itself to this Court is somewhat different.

2. Three Writ Petitions were instituted in the Rajasthan High Court, (Jaipur Bench) by the Writ Petitioners who sought admission to post-graduate courses in the Colleges affiliated to the Rajasthan University. There are five such Medical Colleges at five different centres in Rajasthan, v