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1988 Supreme(SC) 606

M.N.VENKATACHALIAH, RANGANATH MISRA
Fazal Ghafoor – Appellant
Versus
Union Of India – Respondent


Advocates:
A.Subhashini, AMAN VACHHER, Kuldip Singh, R.N.MISRA, S.K.MEHTA, S.N.Sarin

JUDGMENT

RANGANATH MISRA, J. :— Petitioner in this application under Article 32 of the Constitution has asked for five reliefs :-

(1) A declaration that all the Post Doctoral seats (Super Specialities) in all the universities and States of India including the All India Medical Institutes should not have any regional or domicile reservations and should be open for All India Competition on merit;

(2) A declaration that Rules 2(a), 2(c), Rule 3, Rule 9 and Rule 10 of the prospectus for admission to Post Graduate courses under Super Speciality Course 1987-88 in the medical colleges of Kerala are ultra vires of Articles 14 and 15 of the Constitution;

(3) A declaration that the A. P. Educational Institutions (Regulation of Admission) Order, 1974, issued by the President of India is in violation of the basic structure of the Constitution;

(4) A declaration that the total reservation in Super Speciality Courses in the State of Andhra Pradesh is beyond the scope and object of Article 371-D;

(5) Declaring Note 2 of Rule 7 of the prospectus for Post Graduate Higher Super Speciality Courses 1987-88 issued by the Government of Tamil Nadu is bad and is not enforceable.

2. By our judgment delivered to



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