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2000 Supreme(Bom) 433

A.P.SHAH, D.Y.CHANDRACHUD
Rajiv Purshottam Wadhwa – Appellant
Versus
State of Maharashtra, through its Department – Respondent


JUDGMENT- Dr. D.Y. CHANDRACHUD, J.:---Rule, returnable forthwith. Respondents waive service. By consent taken up for final hearing.

A CONSPECTUS OF THE CASE.

By this writ petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the Constitutional validity of Rule 4.4 of the rules framed by the Maharashtra University of Health Sciences governing admissions to courses in Health Sciences in the State. Rule 4.4, which is the subject-matter of controversy provides that a candidate seeking admission to courses in Health Sciences for academic year 2000-2001 would be eligible for admission only if he or she has passed the S.S.C. Examination from an institution situated in the State of Maharashtra. Rule 4.5 similarly requires as a condition of eligibility that every candidate must have passed the Higher Secondary Certificate or equivalent examination from an institution situated in the State of Maharashtra. The petitioner, seeks to impugn the validity of Rule 4.4 and it is with this challenge that the petition is concerned. At the outset, it must be clarified that Rule 4.5 which requires the passing of the H.S.C. examination or an equivalent examination is




































































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