A.S.ANAND,  CJI.

(1) THIS appeal by special leave puts in issue the judgment and order of the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench dated 30/11/1995.

(2) BRIEF facts requiring our consideration are : The father of the respondent was, at the relevant time, serving in the Indian Army holding the rank of Lieutenant Colonel. He was transferred from Head Quarters 39 Mountain Division, Kashmir to serve at Military Hospital, Pulgaon in the month of October, 1993. The father of the respondent, accordingly, joined his duties at Pulgaon on 2/11/1993. After the transfer of his father, the respondent took admission in XIth Standard at Junior College at Pulgaon in January, 1994. He appeared in the 12th Standard Examination conducted by the Maharashtra Board of Secondary and Higher Secondary Education, Maharashtra in March, 1995 and passed the Examination securing 438 marks out of 600.

(3) APPELLANT No. 1 has framed Rules governing admission to the Medical Colleges in the State. Those also provide for reservations for children of Defence Service Personnel and Ex-Defence Service Personnel. Those Rules are not statutory Rules but in the nature