JUDGMENT

KASLIWAL, J.:- By this petition under Art. 32 of the Constitution challenge has been made to the guidelines issued by the University of Lucknow for the Post--Graduate Medical Entrance Examination held on 12-11992 providing for a merit list for each college out of the institutional candidates of that college. There are seven medical colleges in the State of Uttar Pradesh at Lucknow, Kanpur, Agra, Allahabad, Meerut, Jhansi and Gorakhpur. A combined entrance examination for admission in Post-Graduate Medical Courses for all the seven medical colleges has been held by the University of Lucknow. Though, a combind entrance examination was conducted for all the seven medical colleges, the seats are filled according to the admission rules on the basis of a merit list prepared for each college out of the institutional candidates of that college. The clause (G)(ii) under challenge reads as under:-

"Based on the marks obtained at the competitive entrance examination and the candidates choice of the course a merit list shall be prepared for each college out of the institutional candidates of that college."

2. The information brochure issued by the University defines Institutional candidate and Institutional seats as under.-

"Institutional candidate shall mean a student who has obtained M.B.B.S./ M.D.S. degree of that University/Institution.

Institutional seats shall mean 75% of total seats available for post graudate degree diploma courses in an Institution after excluding 25% seats to be filled by the All India Competition called the All India MD/ MS/ Diploma/ MDS Entrance Examination."

3. The petitioners who had appeared in the above Entrance Examination have challenged the above rule on the ground of discrimination and violation of Article 14 of the Constitution. The case of the petitioners is that in pursuance to the directions of this Honble Court in Dr. Dinesh Kumar v. Motilal Nehru Medical College, Allahabad, AIR 1986 SC 1877, 25% of the total number of seats for Post-Graduate Courses are filled up on the basis of All India Entrance Examination and the remaining 75% by holding a State level Entrance Examination. In almost all the States in India the 75% seats for Post-Graduate Medical Courses are filled up by holding one common State level examination and a combined merit list is prepared for all the medical colleges in the State. According to the petitioners the above rule is followed in almost all the States including the States of Orissa, Rajasthan, Maharashtra, Karnataka and Punjab and Haryana. It is only the State of Uttar Pradesh which is admitting students for Post Graduate Medical Courses on the basis of a merit list prepared for each college out of the institutional candidates of that college. Thus, the State of Uttar Pradesh is not preparing a combined merit list for the whole State - in spite of the examination being conducted by the same Lucknow University.

4. It is not necessary for us to labour on the point in issue inasmuch as the point stands concluded by the following decisions of this Court in State of Rajasthan v. Dr. Ashok Kumar Gupta, (1989) 1 SCC 93 and in Municipal Corporation of Greater Bombay v. Thukral, Anjali Deokumar, (1989) 2 SCC 249. In Dr. Ashok Kumar Guptas cases a benefit to the extent of 5% in total marks was given by way of collegewise institutional preference in Rajasthan and the same was struck down by this Court on the ground of being unreasonable and arbitrary and violative of Article 14 of the Constitution. In Municipal Corporation of Greater Bombay v. Thukral Anjali Deokumar, (AIR 1989 SC 1194) (supra) the question was regarding admission . to Post-Graduate Degree/ Diploma Courses in medical colleges run by Municipal Corporation and State Government. Collegewise institutional preference was given under Rule 4(A) of Rules for admissions framed by Bombay Municipal Corporation and Rule 5 framed under resolution for admission of Maharashtra Government. This Court held as under (at p. 1203 of