GUJARAT UNIVERSITY Vs. SAMIR UPPAL

JUDGEMENT

(1.) Both these appeals arise out of a judgment and order, dated 17/04/1996 passed by the learned single Judge in Special Civil Application No. 1901 of 1996.

(2.) Letters Patent Appeal No. 528 of 1996 is filed by Gujarat University whereas Letters Patent Appeal No. 530 of 1996 is filed by three appellants who were original respondents No. 4, 7 and 10 respectively in Special Civil Application No. 1901 of 1996. That petition was filed by four petitioners, inter alia, praying to this Court to issue a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction quashing and setting aside a decision of the Vice- Chancellor, Gujarat University, respondent No. 1 bifurcating seats of Master of Dental Surgery Course ("M.D.S." for short) by providing admission twice a year instead of once a year. A prayer was also made to declare that the action of the University in changing the rule by providing admission to M.D.S. Course twice a year was contrary to law, discriminatory and violative of Art. 14 of the Constitution of India.

(3.) . It was the case of the petitioners that they were students at the Bachelor of Dental Suregery Course ("B.D.S." for short) and they had successfully completed the said Course at the Government Dental College and Hospital at Ahmedabad. Since they had passed the final year of B.D.S. in June 1995, they were eligible for internship from August 1995 which they were undergoing. There is no dispute between the parties that admission to M.D.S. Course pre-supposes clearance of B.D.S. Examination. At B.D.S. Course, examinations are held twice a year. If a student clears the said examination, he can undertake M.D.S. Course. It is also undisputed that admission to M.D.S. Course was on annual basis until commencement of the academic year 1994-95. With effect from 1/01/1994, however, admission rules were changed and it was decided to give admission to M.D.S. Course twice a year. Rule 3.1, 3.2 and 3.3 of 1994 rules which were relevant read as under :