R. Subhash Reddy, J.

1. This petition under Article 226 of the Constitution of India is filed by the petitioners who have completed their M.B.B.S. course and/or undergoing their Internship Programme challenging the vires of Rules 2, 3, 4.1 and 4.3 relating to admission to the Post Graduate Medical Courses framed by Respondent No.3 – Gujarat University. 3rd Respondent – University is a body constituted under the Gujarat University Act, 1949. Aforesaid impugned Rules are framed in exercise of powers under Section 39 read with Section 32 of the Gujarat University Act, 1949 for the purpose of governing admission to Post Graduate Courses. Said Rules 2, 3, 4.1, 4.2 and 4.3 read as under :-

“2. As per directive of Hon'ble Supreme Court of India, New Delhi, 50% of total available seats in Academic year in various post graduate degree and diploma courses in each subject in Government Institution/Colleges will be filled up as a All India Quota Seats as per All India 50% quota rank by competent authority. The remaining seats will be available for the candidates passing from Gujarat University in accordance Rule 4.1. The student passing from other statutory Universities within Gujarat