TMI Blog2001 (9) TMI 1143X X X X Extracts X X X X X X X X Extracts X X X X ..... that the residency requirement as contained in Rule III (1)(iii) is directory. The effect of the said direction is to, in substance, dispense with or doing away with the eligibility requirement envisaging ten years residency in the State of Goa in the matter of selection of the candidates for admission to the Post-graduate courses in Medicine and MDS for the academic year 1999-2000. The relevant portion of the Goa (Rules for Admission for Post-Graduate Degree Courses of the Goa University at the Goa Medical College) Rules, 1998 (hereinafter referred to as the Goa Rules 1998 ) reads as follows: III. Eligibility, Preference and Order of Merit :(1) Eligibility : Candidates applying for admission to the Postgraduate Degree courses sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rst respondent belonged to the erstwhile Union Territory comprising of Goa, Daman and Diu and even after separation of Goa, continued to be a resident of the Union Territory of Daman and Diu. We have carefully considered the submissions of the learned counsel appearing on either side. The learned Judges of the High Court have wholly misconstrued the ratio of the earlier decisions of this Court wherein what was really deprecated was the wholesale reservation of seats made by some of the State Governments on the basis of domicile or residence requirement within the States or on the basis of Institution preference, regardless of merit. In the decision reported in Dr. Parag Gupta Vs. University of Delhi Ors. [(2000) 5 SCC 684], to which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e other hand valid and invariably and uniformly enforceable without any reservation whatsoever, as binding and mandatory in character. The reasoning of the High Court, therefore, does not deserve to be approved and the same is unsustainable. So far as the alternate plea advanced on behalf of the first respondent to justify the ultimate relief granted in favour of the first respondent is concerned, the same has merit of acceptance in our hands. Section 58 of the Goa, Daman and Diu Re-organization Act, 1987 provides that on and from the appointed day, the Government of Goa shall, in respect of the technical institutions located in the State of Goa continue to provide facilities to the persons resident in the territories comprising the U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Statement of Objects and Reasons pertaining to Section 113 makes it clear that those provisions were enacted with the object of continuing the facilities in certain classes of State Institutions such as Engineering Colleges, Medical Colleges, Government Hospitals, Research Institutions, etc. Keeping in view, therefore, the purpose and object of the provisions engrafted in Section 58 and having regard to the nature of the same to be protective in character, a liberal construction such as the one placed by us could only further the legislative intent and cannot be said to be, in any manner, unwarranted or unjustified. Except clarifying the correct position of law as indicated above, we do not consider it necessary on the facts of the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
