Per H.W. DHABE, J.:--Both these writ petitions can be disposed of by this common Judgment since they involve a common question of law.

2. Turning first to the facts in Writ Petition No. 1614 of 1992, the petitioner therein appeared for the XIIth Standard Examination in March, 1991. However, according to him, since he was not expecting to secure good percentage of marks in Biology subject, he did not appear and thus failed in that subject. The petitioner thereafter appeared for the XIIth Standard Examination held in March, 1992 in the subjects of English, Physics, Chemistry and Biology because, according to Regulation 101 of the Maharashtra Secondary Higher Secondary Education Boards Regulations, 1977, he was entitled to claim exemptions in certain subjects in which he had secured not less than 35 per cent of the maximum marks assigned to that subject. He was then declared to have passed in the said subjects in the said Examination. According to the petitioner, he obtained 71 per cent marks in English and 262 marks in Science subjects i.e. Physics, Chemistry and Biology.

3. It is the case of the petitioner that he had planned the above strategy of appearing in the XIIth Standard Examination in Science subjects and English only in order to secure admission in the Medical College by obtaining more marks by concentrating upon the said subjects only instead of all the subjects prescribed for the XIIth Standard Examination since such a course was permissible for eligibility for admission to the Medical College under the then existing rule C(4) of the rule for admission framed by the Government under its G.R. dated 30-5-91. It may be seen that the said rule C(4) framed under the G.R. dated 30-5-91 permitted a candidate to appear in the Science subjects (i.e. Physics, Chemistry Biology) and English only in one and the same attempt instead of all the subjects prescribed for the XIIth Standard Examination so that he would be eligible for admission in the Medical College on the basis of the marks in the said subjects.

3A. It is the case of the petitioner that after passing in the above subjects, he had submitted an application as per rules to the Dean of the respondent No. 3 college for admission in the academic session 1992-93 in any of the Private Medical Colleges in the 20% quota allowed to the Government in the total seats for admission in the said colleges. The rules applicable to the admissions for the academic session 1992-93 in the above Government quota were rules framed by the Government under its G.R. dated 10-6-1992. The name of the petitioner did not however find place in the merit list of the open category candidates in the said Government quota. It appears that relying upon the new Rule 4(ii)(c) of the above G.R. dated 10-6-1992, the Director i.e. the respondent No. 2 denied admission to the petitioner in the open category on the ground that he did not appear for all the subjects in one and the same attempt in the XIIth standard Examination on the basis of which admission to the medical course was sought by him. The petitioner has therefore preferred the instant writ petition for securing admission in the 1st Year M.B.B.S. Course in any of the Private Medical Colleges.

4. Turning to the facts in the connected Writ Petition No. 1685 of 1992, the petitioner therein likewise appeared for the XIIth Examination of the Board held in the March-April, 1991 but failed in the subject of Mathematics. However, as permissible under Regulation 101 of the regulations of the Board, he appeared for the Science subjects (i.e. Physics, Chemistry and Biology) and English only in the XIIth Standard Examination of the Board held in March/April, 1992. He then submitted an application for admission to the Dean, Government Medical College, Nagpur in the category of seats reserved for the wards of service personnel as per rule B-3 of the G.R. dated 26th May, 1992. The reservation indicated for the sons and daughters of servicemen and Ex-servicemen

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