B.R. Gavai JUDGMENT
M.R. Shah, J.
1. Leave granted in the special leave petition.
2. The "Institutional Preference" for Post Graduate Medical Admissions is the core issue involved in these appeal/petitions.
3. Pursuant to the order passed by a two Judge Bench of this Court dated 12.09.2018, all these appeal/petitions are placed before the larger Bench.
4. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.02.2017 passed by the Division Bench of the High Court of Gujarat in Special Civil Application No. 19918/2016, by which the Division Bench has dismissed the said writ petition upholding the vires of Rules 2, 3, 4.1 and 4.3 relating to admission to the Post Graduate Medical Courses framed by the Gujarat University providing that the preference shall be given to the candidates graduating from the Gujarat University (providing for "Institutional Reservation"), the original writ Petitioners have preferred the special leave petition/appeal. Thus, the original writ Petitioners are challenging the "Institutional Preference" in the Post Graduate Medical Courses.
4.1. Writ Petition (C) No. 1479 of 2018 Under Article 32 of the Constitution of India has been preferred by the Petitioners also challenging the policy of "Institutional Preference" for admission to the Post Graduate Medical Courses insofar as Respondent No. 3 - University of Delhi and Respondent No. 4 - Guru Gobind Singh Indraprastha University is concerned. Similar prayers are made in Writ Petition (C) No. 122/2018 and Writ Petition(C) No. 1142/2019 also challenging the policy of "Institutional Preference" in the Post Graduate Medical Courses.
4.2. For the sake of convenience, Civil Appeal arising from Special Leave Petition(C) No. 7003/2017 arising out of the impugned judgment and order dated 22.02.2017 passed by the High Court of Gujarat is treated and considered as a lead matter and the relevant Rules of the Gujarat University relating to admission to the Post Graduate Medical Courses framed by the Gujarat University are considered.
5. In exercise of powers Under Section 39 read with Section 32 of the Gujarat University Act, 1949, the Gujarat University has framed the Rules for the purpose of governing admission to Post Graduate Courses. The relevant Rules are Rules 2, 3, 4.1, 4.2 and 4.3, which read as under:
2. As per directive of Hon'ble Supreme Court of India, New Delhi, 50% of total available seats in Academic year in various post graduate degree and diploma courses in each subject in Government Institution/Colleges will be filled up as a All India Quota Seats as per All India 5........