STATE OF RAJASTHAN & ANR. versus DR. ASHOK KUMAR GUPTA & ORS.

STATE OF RAJASTHAN & ANR. versus DR. ASHOK KUMAR GUPTA & ORS.

The impugned provision of Ordinance 278-E(d)(ii) results in oppressive and offensive inequality by conferring undue advantage to candidates from the same medical college, making merit criteria illusory and violating Article 14 of the Constitution. Accordingly, the provision is unconstitutional and must be quashed.

Parties
Appellant: State of Rajasthan; Respondent: Dr. Ashok Kumar Gupta; Respondent: S.K. Jain
Jurisdiction
India
Judgment Date
11 October 1988
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Equality Before Law, Admissions to Professional Colleges, Institutional Preference, Reservation in Education
Constitutional Law Education Law Equality Before Law Admissions to Professional Colleges Institutional Preference Reservation in Education

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Parties

State of Rajasthan

Appellant

Dr. Ashok Kumar Gupta

Respondent

S.K. Jain

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether Ordinance No. 278-E(d)(ii) of University of Rajasthan providing 5% addition to aggregate marks for students passing MBBS from same institution violates Article 14 of the Constitution

Ratio Decidendi

The impugned provision of Ordinance 278-E(d)(ii) results in oppressive and offensive inequality by conferring undue advantage to candidates from the same medical college, making merit criteria illusory and violating Article 14 of the Constitution. Accordingly, the provision is unconstitutional and must be quashed.

Court Disposition

appeal dismissed

Orders

  • Ordinance 278-E(d)(ii) of University of Rajasthan declared unconstitutional and quashed.
  • Admissions to Post Graduate Degree Courses in all medical colleges in Rajasthan to be made in accordance with the High Court's decision dated August 7, 1987.