The judgment established the principle of reasonableness and rationality in state actions, and highlighted the prohibition of acting arbitrarily by the University, in line with Article 14 of the Constitution.

1. :- The present writ petition is tagged with SB Civil Writ Petition No. 1239/2000, [reported in 2000(1) RLR 671] which is decided today, by a separate detailed order. Since it is a connected matter, Shri R.A. Katta is hereby directed to represent the respondent No.2.

2. It is true that the petitioner is also a disabled person and his entitlement for admission to PG Medical Course, under Ordinance 278-E of the Ordinances of University of Rajasthan and under Section 39 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (Act No.1 of 1996) hereinafter referred as "the Act of 1996") upto three per cent reservation, is not disputed before me therefore, the legal discussion made in the said writ petition, is extendable to the facts and circumstances of the present case. However, the ratio decidendi of the aforementioned decision, is not applicable to the facts and circumstances of the present case. It is to be remembered by all of us that only ratio of a decision is extendable to other cases provided the facts of those cases are identical otherwise each case is to be decided on its facts. The Courts of law can not afford to extend the ratio of one decision with dose mind without examining the facts of each case thread bare treating law and justice as a living organism.

3. With the aforesaid introspection, I would like to decide the case on hand on its peculiar facts and circumstances, treating law and justice as a living organism.

4. Indisputably, it is averred in paragraph-3 of the writ petition that the petitioner appeared in the Pre-PG (MD/MS/Diploma) Entrance Examination, 1999, and on the basis of his merit and preference, he was given admission to MD (General Medicine), at Udaipur and he is about to complete two years in MD (General Medicine), but now, he intends to change his speciality of MD (General Medicine) to Radio Diagnosis. In support of his aforesaid contention, the learned counsel for the petitioner, invited my attention to Ordinance 278-E and 278-E(IV)(iv) of the University Ordinances, wherein, it is provided that in case, a candidate acquires eligibility after passing Pre-PG Examination in the subsequent year, for admission in other speciality, he/she will have to produce (i) Cancellation of Registration from the University of Rajasthan (ii) Certificate of Acceptance of his/her resignation from the Head of the Institution, with the application of choice of subject and place before admission.

5. The aforesaid argument, raised by the learned counsel for the petitioner, is vehemently opposed by the learned counsel appearing on behalf of the respondent Nos. 1 and 3 and respondent No.2 Shri Narendra Jain and Shri R.A. Katta invited my attention to Ordinance 278-E(III), wherein, it is provided that vacancies due to not joining within the stipulated time, shall be filled by re-shuffling on the basis of merit-cum-preference list and the resultant vacancies of such vacancies which cannot be filled by reshuffling, shall be filled by taking candidates from the waiting list, on merit-cum-preference basis, earliest, but not later than six months from the date of initial appointment. No admission shall be made after six months from the date of initial appointment, even if any vacancy is left unfilled or any vacancy occurs subsequently.

6. After taking into account the provisions of Ordinance 278E(IV)(iv) and 278E (III), two courses are open to the court either to take idealistic view or pragmatic view. To my mind, the disputes relating to universities which are recognised seats of learning and where future citizens are under preparation, are to be decided by courts of law not by taking idealistic view but by taking pragmatic view. After taking pragmatic view in the present case I have no hesitation to hold that, since the petitioner is prosecuting his studies in MD (General Medicine), for the last two years, therefore, at this stage, he cannot be allowed to change his