( 1 ) THIS petition filed by an applicant for admission to the first M. B. B. S. Course in on of the Government Medical Colleges in the State of Gujarat challenges the validity of Rule 5 2 (A) added on July 1 1978 in the Rules for Admission to First M. B. B. S. Course at the Government Medical Colleges in the State of Gujarat 1978 (hereinafter referred to as the Rules) In order to appreciate the points which arise for determination it would b necessary to make an appraisal of the problem against its proper background.

( 2 ) THERE are the following four Government Medical Colleges in the State of Gujarat; (1) B. J. Medical College at Ahmedabad affiliated to the Gujarat University (2) Medical College at Baroda affiliated to the M. S. University (3) M. P. Shah Medical College at Jamnagar affiliated to the Saurashtra University and (4) Government Medical College at Surat affiliated to the South Gujarat University. In order to regulate admission to these Colleges during the 5wear 1978 the Government of Gujarat has framed the Rules. Rule 1. (A) prescribes the qualifying examinations for admission to the Course. Accordingly speaking broadly only those students who have passed the following examinations are eligible for being admitted to the Course in the respective Colleges:1. F. Y. B. Sc. (B-Group) examination of the Gujarat University taking physics chemistry and biology including a practical test in each of those subjects (Ahmedabad College);2 Higher Secondary Certificate Examination (Science Stream) taking physics chemistry biology mathematics and English under the new 10 + 2 educational pattern conducted by the Gujarat secondary School Education Board (all Colleges)3 Pre-medical examination of M. S. University Saurashtra University and South Gujarat University (Baroda Jamnagar and Surat Colleges ). 4 Any other examination of the University or of the Statutory Board which in scope and standard is found to be equivalent to the above qualifying examinations taking physics chemistry and biology including a practical test in each of these subjects (Ahmedabad College); having laid down the qualifying examinations the Rules proceeded to prescribe inter alia marks which will be taken into consideration for determining merit order of a candidate for the purpose of admission the categories of students eligible to apply for admission and the minimum total marks in the Science subjects which are required to be-obtained at the qualifying examination. This field is covered by Rule 1. (B) (i) to Rule 2. 2. Rule 3 provides that the application for admission must be submitted to the prescribed authority so as to reach the concerned authority on or before June 8 1978 There is a specific mandate contained the said Rule that no application received after the prescribed date would be considered irrespective of the reason for late receipt. The next material Rule is Rule 5. 1 which lays down the basis for determining the merit order. It provides that: (a) External marks obtained in the theory examination in the subjects of physics chemistry and biology at the F. Y. B. Sc. (B-Group) examination modified with reference to the provision under Rule 5. 2 shall determine the merit order of candidates seeking admission against the seats earmarked for the students passing F. Y. B. Sc. (B-Group) examination from the Gujarat University and (b) marks obtained in the theory examination in the subjects of physics chemistry biology mathematics and English at the Higher Secondary Certificate Examination of the Gujarat Secondary School Education Board modified with reference to the provisions under Rule 5 2 shall determine the merit order of candidates seeking admission against the seats earmarked for the students passing Higher Secondary Certificate Examination of the Gujarat Secondary School Education Board. Under the scheme of this Rule the merit order is not determined merely on the basis of the marks obtained in the concerned theory examination si