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1995 Supreme(Bom) 289

M.B.GHODESWAR, V.S.SIRPURKAR
Mona Aggarwal Subhashkumar Aggarwal – Appellant
Versus
Mahatma Gandhi Institute of Medical Sciences, through its Dean,. . Sewagram District Wardha and others – Respondent


JUDGMENT - V.S. SIRPURKAR, J. :--Rule, returnable forthwith. Heard learned Counsel.

The petitioner herein challenges the selection of respondent No. 3 for the graduate diploma course in Gynaecology and Obstetrics and claims the said registration for herself.

For understanding the controversy, the following background is necessary :--

2. Respondent No. 1-Mahatma Gandhi Institute of Medical Sciences has the facility for Post Graduate Disciplines in the medical education. The said institution is affiliated to the respondent No. 2-Nagpur University. The petitioner passed her final M.B.B.S. examination and admittedly is qualified to pursue the Post Graduate Study. It is the case of the petitioner, and it remains unchallenged, that the respondent No. 1-Institute is a "State" within the meaning of Article 12 of the Constitution of India, since it is run on the State Finances. The petitioner claims that she became eligible for admission for the Post Graduate courses in January, 1995. She points out that previously it was essential for a student to render two years of rural health service for being eligible to apply for registration for Post Graduate Degree or Diploma Courses. This was Rule
























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