( 1 ) ). This petition under Art. 226 of the Constitution of India raises an interesting question of interpretation of Rules 17 and 18 of the Rules for Admission which are framed by the respondent No. 3 for controlling and governing the admission to 1st Year M. B. B. S. Course which is run and conducted by Smt. N. H. L. Municipal College, Ahmedabad. There is one another Medical College being government College which is also imparting education and running M. B. B. S. Course at B. J. Medical College, Ahmedabad. These colleges are affiliated to the 4th respondent-Gujarat University duly established and incorporated under the provisions of Gujarat University Act. The B. J. Medical College has also framed its Rules for admission to 1st Year M. B. B. S. Course. Rule 5. 2 of the said Rules is, though not in pari materia to Rule 18 of the Rules of respondent No. 3, it closely resembles to or is broadly comparable with the said Rule.

( 2 ) ). It is unfortunate, but is required to be noted at the outset that these Rules known as "rules for Admission to M. B. B. S. Course", which are though not common but are closely parallel or broadly comparable are being applied to the aforesaid colleges by putting different interpretation thereon by both the colleges, and the gujarat University to which said colleges are affiliated has adopted an attitude of non-interference which has given rise to non-uniform implementation of Rules and the resultant discrimination between meritorious students. It is, no doubt, true that two colleges are independent autonomous institutions and can have their own Rules for internal management. However, admission to such specialized course where academically brilliant and meritorious students compete from all over the country, an affiliated college cannot be permitted to have its final say in the matter of interpretation of such Rules. It is no doubt true that achievement of higher standards and excellence in such highly specialized courses is and must be the goal of every such affiliated college, but, then the important and substantial question raised in this petition is as to whether an affiliated college to University by its own interpretation of its Rules, which may sound to be arbitrary and unreasonable be permitted to deny admission to very course to more meritorious student. This is more so when another affiliated college by interpretation of closely parallel rule would find the student to be entitled to admission on his own merits.

( 3 ) ). The interpretation of Rule 18 which commends to and which is found to be reasonable is consistent with the interpretation placed on Rule 5. 2 by B. J. Medical college at Ahmedabad while the 3rd respondent has interpreted the very Rule 18 differently resulting into obvious disadvantage to meritorious students.

( 4 ) ). As a statutory and parent body to which the aforesaid two medical colleges are affiliated, the 4th respondent-University could have and must have directed to apply the Rule uniformly so as not to create situation which has arisen in the case before this Court. Accepting the desirability of such situation, it however, pleads its inability because it regards that Rules of Admission to M. B. B. S. Course by each affiliated college are Rules of autonomous bodies where University cannot interfere.

( 5 ) ). Few relevant facts giving rise to present petition may now be stated hereunder : (i) The petitioner claims to be a brilliant and meritorious student who passed his s. S. C. examination conducted in March, 1992 by securing 84% marks and obtaining 10th rank in the Centre at Ahmedabad City. He, thereafter, joined c. N. Vidyalaya High School for further pursuing his studies and passed XIth std. examination in 1993. Thereafter, from June, 199 3/03/1994 he was expected to continue his further studies by joining Std. XIIth. However, as is the case with number of brilliant students, he went to U. S. A. for further studies and got enrolled in Hastings High