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TMI Blog1986 (3) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... nt seeking admission in the Medical College, Nagpur. The facts giving rise to this Appeal require to be briefly stated. The Appellant s father, who is in the service of the Central Government and was working in the Geological Survey of India, was transferred on March 3, 1983, from Hyderabad in the State of Andhra Pradesh to Nagpur in the State of Maharashtra. In 1983 the Appellant passed the S.S.C. examination of the Board of Secondary Education, Andhra Pradesh, in First Division. After coming to Nagpur along with her father she joined Hislop College, Nagpur, from where she passed in 1985 the H.S.C. (XII Standard) Examination of the Maharashtra State Board of Secondary and Higher Education, Nagpur Divisional Board, Nagpur, in First Divis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l colleges were revised and substituted by the 1985-86 Rules in view of certain judgments of the Bombay High Court, namely, the judgments in Writ Petitions Nos. 1753 of 1982, 2360 of 1983 and 3238 of 1984 and the judgment of this Court in Dr. Pradeep Jain Etc. v. Union of India Ors. etc., [1984] 3 S.C.R. 942 relating to reservation of seats in Government medical colleges in the State. Leaving aside unnecessary details, it will be sufficient to state that Rule C(5) provides that in addition to the qualifications set out earlier only those candidates would be eligible for admission to the medical colleges who have passed the S.S.C. or Senior Cambridge or Indian School Certificate or equivalent examination from any of the recognized schools ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said Rule C(6)(ii), there was a seat available for her in either of the said two colleges. It was the submission of the Appellant that on a true construction of Rule C(6)(ii) all Government medical colleges in the State of Maharashtra are to have two seats for the sons and daughters of Central Government servants transferred to the State of Maharashtra from outside the State, that is to say, that each Government medical college will have a total number of two seats for candidates for admission falling in this category. The construction sought to be placed by the Respondents upon the said Rule C(6)(ii), on the other hand, was that the total number of seats in all the Government medical colleges in the State taken together would be only tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k of admission to his college. This Rule cannot possibly be applied if only two candidates falling in the category specified in Rule C(6)(ii) are to be admitted in all the Government medical colleges of the State taken together. It was submitted on behalf of the Respondents that so far as admission of candidates falling in this category is concerned, the selection is made not by the Dean but by the Joint Director, Education and Research, Bombay, from the common merit list. The Rules do not provide for any such method of selection. Rule E(3) is categorical on the point that the selection is to be made by the Dean of each college. The interpretation which we have placed upon Rule C(6)(ii) is reinforced by comparing this Rule as it features ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y have been the intention of the Government, when such intention is translated into a statute or rule, whether the interpretation has been implemented or not can only be judged by the wordings of the particular provision of such statute or rule. In the 1981-82 Rules the words used were in all the Government Medical Colleges taken together . The qualifying words taken together were dropped from the 1984-85 Rules. They also do not feature in Rule C(6)(ii) of the 1985-86 Rules. Thus, the 1984-85 Rules and 1985-86 Rules made a departure from what was provided in the 1981-82 Rules. This, on the contrary, shows that the intention was to provide two seats in each Government Medical College for the children of Central Government servants transfe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only candidate who had applied for admission to the Nagpur Medical College and fulfilled all the other requirements of Rule C(6)(ii) on the interpretation which we have placed on that Rule, she would be entitled for admission to that college. By an interim order passed by this Court on October 17, 1985, one seat in the Government Medical College, Nagpur, in the 1st year of the M.B.B.S. course had been kept unfilled and the Appellant would be entitled to be admitted against that seat. During the pendency of the Petition for Special Leave to Appeal an affidavit of the Under-Secretary to the Government of Maharashtra, Medical, Education and Drugs Department, affirmed on November 5, 1985, was filed before us in which it was stated that the Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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