Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

1999 (10) TMI 739 - SUPREME COURT OF INDIA

1999 (10) TMI 739 - SUPREME COURT OF INDIA - 2000 AIR 114, 1999 (3) Suppl. SCR 647, 1999 (8) SCC 139, 1999 (8) JT 244, 1999 (6) SCALE 560 - C.A. 5989 of 1999 - Dated:- 13-10-1999 - KHARE, V.N., AND HEGDE, N. SANTOSH, JJ. JUDGMENT SANTOSH HEGDE, J. - Leave granted 2. Heard learned counsel for the parties 3. Before the High Court of Gujarat, the respondents herein challenged the constitutional validity of Rule 6(i) and Rule 7 of the Rules for Admission to Smt. N. H. L. Municipal Medical College on .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dabad Urban Development Area (hereinafter referred to as "AUDA") for admission in the Medical College referred to above as local students. The cause for filing the said writ petition was that Rules 6 and 7 of the said rules prevented the students who are residents of Ahmedabad city but who had acquired their qualification for admission from the educational institutions situated within AUDA from being treated as "local students" 4. The respondents in their counter-affidavit in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

olleges to be reserved for all-India candidates. The rule confining admission to the students who have studied in educational institutions within the Ahmedabad Municipal Corporation was a reasonable rule inasmuch as the Municipal Corporation which manages the Medical College was responsible for providing medical education to the said students 5. The High Court of Gujarat vide its judgment dated 12-5-1999 allowed the said writ petition following the judgments of this Court in the cases of Mohan B .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d has no reasonable nexus with the object sought to be achieved by the admission rules for selecting the best candidates for admission to the Medical College. Such a classification on the basis of attending the school or college within and outside the corporation limits is not a reasonable classification in the context of admission to the Medical College. It further held that the classification is not on the basis of residence nor in respect of students of a particular university, therefore, dis .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d Municipal Corporation from out of its own funds and the rules in question were framed nearly three decades ago and in consonance with the directions issued by this Court, in the case of Dr Pradeep Jain ( 1984 (3) SCC 654 : 1984 (3) SCR 942) 15% of the seats have already been reserved for all-India candidates. Therefore, having made such reservation, it is open to the Municipal Corporation under the powers vested in it under Section 66(21) of the Bombay Provincial Municipal Corporations Act, 19 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

urt was justified in declaring the impugned rules as ultra vires the Constitution 8. So far as the constitutionality of various rules pertaining to admissions to undergraduate courses in educational institutions is concerned, it is now well settled in view of a large number of judgments of this Court in D. P. Joshi v. State of M.B. 1955 AIR(SC) 334 : 1955 (1) SCR 1215), D. N. Chanchala v. State of Mysore ( 1971 (2) SCC 293 : 1971 Supp SCR 608, Jagadish Saran ( 1980 (2) SCC 768 ) and Dr. Pradeep .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

: 1986 (3) SCR 345), Municipal Corpn. of Greater Bombay v. Thukral Anjali Deokumar 1989 (2) SCC 249 ), P. K. Goel v. U.P. Medical Council ( 1992 (3) SCC 232 ) and Gujarat University v. Rajiv Gopinath Bhatt ( 1996 (4) SCC 60 ) 10. But the question in this case is slightly different from the law laid down in the above-cited cases. Under Rule 7 of the impugned rules, "a local student" is defined as a student who has passed SSC/New SSC Examination and the qualifying examination from any o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r being treated as local students. The object of the rule is to provide medical education to the students of Ahmedabad who have acquired the necessary qualification, their selection being based on merit. If that be the object, can it be said that a classification based only on the location of the educational institution within or outside the municipal area is a reasonable classification ? In our opinion, the answer should be in the negative. In the counter-affidavit filed on behalf of the Ahmeda .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

parents would have contributed towards the revenue of the Ahmedabad Municipality who for reasons beyond their control or otherwise, had acquired their qualification from institutions situated just outside the Ahmedabad municipal area i.e. within AUDA, would be denied the benefit of admission to the College which is run by the Ahmedabad Municipality. In our opinion, confining the definition of "local student" to only those students who acquired the qualification from educational institu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ad municipal limits but is employed within AUDA. Can the Municipality refuse the benefit of its services to such a resident of the city only on the ground that he is employed in AUDA ? The answer again can only be NO. Similarly, if the object of the rule is to provide medical education to the students of Ahmedabad because of its municipal obligations then a differentia within the class of students of Ahmedabad on the basis of their acquiring qualifications from schools within the Ahmedabad munic .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

classification made under Rule 7 of the impugned rules amounts to an arbitrary classification, hence, cannot be sustained in law 13. Though the High Court was right in coming to the conclusion that the rule in question does suffer from an element of arbitrariness, we are of the opinion that the remedy does not lie in striking down the impugned rules the existence of which is necessary in the larger interest of the institution as well as the populace of the Ahmedabad Municipal Corporation. The st .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

re. It has complied with its constitutional obligation by providing 15% of the seats available to all-India merit students. Its desire to provide as many seats as possible to its students is a natural and genuine desire emanating from its municipal obligations which deserves to be upheld to the extent possible. Therefore, with a view to protect the laudable object of the Municipality, we deem it necessary to give the impugned rule a reasonable and practical interpretation and uphold its validity .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ad enacted this rule. We, therefore, think it appropriate to rely upon the famous and oft-quoted principle relied on by Lord Denning in the case of Seaford Court Estates Ltd. v. Asher ( [1949] 2 K.B. 481 (CA)) wherein he held "[W]hen a defect appears a Judge cannot simply fold his hands and blame the draftsman. He must set to work on the constructive task of finding the intention of Parliament, ... and then he must supplement the written word so as to give 'force and life' to the in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version