Summarize the following court judgment. ivil Appeal No. 2792 of 1988 Etc. From the Judgment and Order dated 27.7.1988 of the Bombay High Court in W.P. No. 3264 of 1988. G. Ramaswamy	 Additional Solicitor General	 T.R. Andya rujuna	 V.V. Vaze	 V.M. Tarkude	 D.N. Misra	 M.D. Siodia	 Pinaki Misra	 P.H. Parekh	 Ms. Sunita Sharma	 A.M. Khanwil kar	 A.S. Bhasme	 Dalveer Bhandari	 Vijay Thorat	 Raian Karanjawala	 Mrs. Manik Karanjawala	 Ms. Meenakshi Arora	 V.D. Khanna	 Rameshwar Nath	 B.R. Agarwal	 P.K. Pillai	 P.N. Gupta	 Shri Narain	 Madhuri Gokhale	 Prangalia and N. Nettar for the appearing parties. The Judgment of the Court was delivered by DUTT	 J. The principal point involved in these appeals relates to the constitutional validity of rule 4(A) of the Rules flamed by the Bombay Municipal Corporation for admis sion to post graduate degree and diploma courses in its medical colleges framed on June 18	 1988 and rule 5 framed under the Government Resolution dated June 18	 1971 for admission to the Government Medical College	 both the rules providing for collegewise institutional preference for admission in the M.D. Course. By the impugned judgment	 the High Court allowed the writ petitions out of which these appeals arise	 and struck down the impugned rule 4(A) in whole and rule 5 (wrongly stated as rule 6 in the High Court judgment)	 in so far as it applies to the Government Medical College in the city of Bombay	 as discriminatory and viola tive of Article 14 of the Constitution and	 accordingly	 invalid. Rule 4(A) is as follows: "4. PREFERENCE: (A) While selecting candidates for admission to the postgraduate courses preference will be given in the following order: 922 (a) Candidates applying for admission at the parent institution. (Note: Parent institution means the medical college at which the candidate has passed his qualifying examination). (b) Candidates who have graduated from other Municipal Medical Colleges in Brihan Mumbai. " Relevant portion of rule 5 framed under the Government Resolution dated June 18	 1971 reads as follows: " 5. . . . . . . . . . . While selecting from amongst eligi ble candidates preference will be given to the students of that college i.e. who passed their final M.B.B.S. Examination from that college in Broad specialities and their ancillary discipline. " There are four medical colleges in the city of Bombay	 and affiliated to the University of Bombay. Of these four medical colleges	 three are run and conducted by the Bombay Municipal Corporation	 namely	 Lokmanya Tilak Memorial Medical College (LTMMC)	 Seth G.S. Medical College (GSMC) and Topiwalla National Medical College (TNMC). The only college that is being run by the Maharashtra Government in the city of Bombay is Grant Medical College (GMC). It is not necessary to state in details the facts leading to the filing of the writ petitions before the High Court out of which these appeals arise. Suffice it to say that some candidates who were not admitted in the M.D. Course in the respective colleges from which they had passed their MBBS Examination	 were not also admitted in the other medical colleges in the city of Bombay	 in view of collegewise institutional preference as provided by rule 4(A) in respect of three Municipal Colleges and by rule 5 relating to GMC	 the Maharashtra Government College. The High Court	 as stated already	 struck down rule 4(A) and rule 5 in part and allowed the writ petitions. Hence these appeals by special leave. It is Urged by Mr. G. Ramaswamy	 the learned Additional Solicitor General	 that this Court in Dr. Pradeep Jain vs Union of India & Ors.	 ; has given sufficient indication of its approval 923 of collegewise institutional preference. While the learned Additional Solicitor General frankly concedes that he is not in a position to support cent percent institutional prefer ence or reservation of seats for admission in the M.D. Course in the Municipal Colleges and the Government College in the city of Bombay	 such preference or reservation in respect of certain percentage of seats is quite permissible and will not be hit by the provision of Article 14 of the Constitution. In Pradeep Jain 's case	 the question that has been considered by this Court as noted by Bhagwati	 J. (as he then was) is whether	 consistently with the constitutional values	 admissions to a medical college or any other insti tution of higher learning situate in a State can be confined to those who have their domicile within the State or who are resident within the State for a specified number of years or can any reservation in admissions be made for them so as to give them precedence over those who do not possess domicile or residential qualification within the State	 irrespective of merit. The question that has been formulated and consid ered does not show	 on the face of it	 that collegewise institutional preference was also involved as a part of the question. It has been ruled in Pradeep Jain 's case that effort must always be to select the best and most meritori ous students for admission to technical institutions and medical colleges by providing equal opportunity to all citizens in the country	 and that it would be against na tional interest to admit in medical colleges or other insti tutions giving instruction in specialities	 less meritorious students when more meritorious students are available. So	 wholesale reservation on the basis of domicile or residen tial requirement within the State or on the basis of insti tutional preference for students who have passed the quali fying examination held by the University or the State ex cluding all students not satisfying this requirement	 re gardless of merit	 has been condemned. The Court took the view that reservation of seats based on residential require ment within the State or on institutional preference should	 in no event	 exceed the outer limit of 70 per cent of the total number of open seats after taking into account other kinds of reservation validly made	 the 70 per cent reserva tions needs to be reduced if the Indian Medical Council determines a shorter outer limit. The institutional preference that has been referred to in the observation of Bhagwati	 J. does not at all relate to collegewise institutional preference	 with which we are concerned. The learned Additional Solicitor General has	 however	 placed strong reliance on the following observation made by Bhagwati	 J. in Pradeep Jain 's case which is ex tracted below: 924 "We are therefore of the view that so far as admissions to post graduate courses	 such as M.S.	 M.D. and the like are concerned	 it would be eminently desirable not to provide for any reservation based on residence re quirement within the State or on institutional preference. But	 having regard to broader considerations of equality of opportunity and institutional continuity in education which has its own importance and value	 we would direct that though residence requirement within the State shall not be a ground for reservation in admissions to post graduate courses	 a certain percentage of seats may in the present circumstances	 be reserved on the basis of institutional preference in the sense that a student who has passed M.B.B .S. course from a medical college or university may be given preference for admission to the post graduate course in the same medical colleges or university but such reservation on the basis of institutional preference should not in any event exceed 50 per cent of the total number of open seats available for admission to the post graduate course. This outer limit which we are fixing will also be subject to revision on the lower side by the Indian Medical Council in the same manner as directed by us in the case of admissions to the M.B.B.S. course. But	 even in regard to admis sions to the post graduate course	 we would direct that so far as super specialities such as neuro surgery and cardiology are concerned	 there should be no reservation at all even on the basis of institutional preference and admissions should be granted purely on merit on all India basis. " It is urged by the learned Additional Solicitor General that in Pradeep Jain 's case collegewise institutional pref erence has been recognised and upheld	 as is apparent from 	the above observation	 particularly from the observation "a certain percentage of seats may	 in the present circum stances	 be reserved on the basis of institutional prefer ence in the sense that a student who has passed MBBS Course from a medical college or University may be given preference for admission to the post graduate course in the same medi cal colleges or university	 but such reservation on the basis of institutional preference should not in any event exceed 50 per cent of the total number of open seats avail able for admission to the post graduate course. " It is true the expression "institutional preference" has been used in the said observation in respect of a medical college or a university	 but we do not think that in making that observa tion Bhagwati	 J. had in his mind 925 collegewise institutional preference. Any observation in a judgment has to be read and understood in the context of facts of that particular case in respect of which such observation has been made. As has been pointed out	 the question that has been considered in Pradeep Jain 's case relates to reservation of seats in medical colleges on the ground of domicile or residential qualification within the State irrespective of merit. It was not the case of anybody that reservation of seats. should be made on the ground of collegewise institutional preference. The institutional preference that was considered in the case was university wise institutional preference and not collegewise institu tional preference. It is also apparent from the judgment of Amarendra Nath Sen	 J.	 who delivered a separate but concur ring judgment	 that the Court had no occasion to consider the question of collegewise institutional preference in matters of admission to M.D. Course. In the circumstances	 we are unable to accept the contention of the learned Addi tional Solicitor General that this Court in Pradeep 's Jain 's case has upheld or recognised collegewise institutional preference of seats in medical colleges for admission in M.D. Course. The position is clarified in a subsequent decision of this Court in Nidamarti Mahesh Kumar vs State of Maharashtra and others; 	 which related to the constitu tional validity of regionwise reservation of seats in medi cal colleges. It has been observed by Bhagwati	 C.J. that where the region from which the students of a university are largely drawn is backward either from the point of view of opportunities for medical education or availability of competent and adequate medical services	 it will be consti tutionally permissible	 without violating the mandate of the equality clause to provide a high percentage of reservation or preference for students coming from that region because without reservation or preference students from such back ward region will hardly be able to compete with those from advanced regions	 since they would not have adequate oppor tunity for development so as to be in a position to compete with others. Further	 it has been observed that it would not be unconstitutional for the State to provide for reservation or preference in respect of a certain percentage of seats in the medical college or colleges in each region in favour of those who have studied in schools or colleges within that region and even if the percentage stipulated by the State Government is on the higher side	 it would not fall foul of the constitutional mandate of equality. In respect of such reservation of preference the reasons that have been given are that it would cause considerable hardship and incon 926 venience if students residing in the region of a particular university are compelled to move to the region of another university for medical education which they might have to do if selection for admission to the medical colleges in the entire State were to be based on merit without any reserva tion or preference regionwise. There may be a large number of students who	 if they do not get admission in the medical college near their residence and are assigned admission in a college in another region on the basis of relative merit	 may not be able to go to such other medical college on account of lack of resources and facilities and in the result	 they would be effectively deprived of real opportu nity for pursuing the medical course even though on paper they would have got admission in the medical college. Fur ther	 it has been pointed out that some difficulty would arise in case of girls because if they are not able to get admission in the medical college near the place where they reside they might find it difficult to pursue medical educa tion in a medical college situated in another region where hostel facilities may not be available and even if hostel facilities are available	 the parents may hesitate to send them to the hotels. Even with regard to regionwise reservation of certain percentage of seats in medical colleges	 except for the reasons mentioned above	 this Court in Nidamarti 's case has turned down the contention that the provision of the im pugned rule	 that is	 students from a school or college situate within the jurisdiction of a particular university would not be eligible for admission to medical college or colleges situate in the jurisdiction of another university	 but would be confined only to medical college or 	colleges within the jurisdiction of the same university	 was intended to give protection to students in certain rural areaS	 the population of which is socially	 economically and education ally backward	 for otherwise they would have not been able to compete with students from advanced regions and	 conse quently	 the classification made by the provision was con stitutionally permissible. Thus	 except in certain circum stances	 even regionwise reservation of seats in medical colleges has not been approved by this Court. In Pradeep Jain 's case	 merely because the expression "institutional preference" has been used with reference to a student pass ing the MBBS Course from a medical college or a university	 it does not necessarily follow that the Court had in its contemplation or was laying down collegewise institutional preference. In support of the contention that collegewise institu tional preference or reservation of seats was in the contem plation of this Court	 reliance has been placed on behalf of the appellants on an earlier 927 decision of this court in Jagdish Saran & Ors. vs Union of India & Ors. 	 ; In that case	 of the three learned Judges	 Krishna Iyer	 J. delivered the judgment for himself and for Chinnappa Reddy	 J. Pathak	 J. (as he then was) agreed with the judgment of Krishna Iyer	 J. that the writ petition should be dismissed	 but he gave his own reasons. The reasons of Pathak	 J. are	 inter alia	 con tained in the following observations: "It is not beyond reason that a student who enters a medical college for his graduate studies and pursues them for the requisite period of years should prefer on graduation to continue in the same institution for his post graduate studies. There is the strong argument of convenience	 of stability and familiarity with an educational environment which in different parts of the country is subject to varying economic and psychological pressures. But much more than convenience is involved. There are all the advantages of a continuing frame of educational experience in the same educational institution. It must be remembered that it is not an entirely differ ent course of studies which is contemplated; it is a specialised and deeper experience in what has gone before. The student has become familiar with the teaching techniques and standards of scholarship	 and has adjusted his responses and reactions accordingly. The continuity of studies ensures a higher degree of competence in the assimilation of knowledge and experience. Not infrequently some of the same staff of Professors and Readers may lecture to the post graduate classes also. Over the under graduate years the teacher has come to understand the particular needs of the student	 where he excels and where he needs an especial encouragement in the removal of deficiencies. In my judgment	 there is good reason in an educational institution extending a certain degree of preference to its graduate for admission to its post graduate classes. The preference is based on a reasonable clas sification and bears a just relationship to the object of the education provided in the post graduate classes. The concept of equality codified in our constitutional system is not violated. It has been said sometimes that classification contradicts equality. To my mind	 classification is a feature of the very core of equality. It is a vital concept in ensuring equality	 for those who are similarly situated alone from a class between them selves	 and the classification is not 928 vulnerable to challenge if its constituent basis is reasonably related to achieving the object of the concerned law. An institutional preference of the kind considered here does not offend the constitutional guarantee of equality. " The above observations or reasons should not be read or understood dehors the facts and the questions involved for the determination of this Court. The facts of that case will be stated presently. The University of Delhi has many post graduate and diploma courses in the faculty of medicine providing in all 250 seats. The three medical colleges in Delhi turn out annually 400 medical graduates who get house jobs in the local hospitals and qualify themselves for postgraduate course. As the graduates from the Delhi Univer sity could not be accommodated fully or even in part for the post graduate course in Medicine and as these graduates were not considered for admission into other universities	 Delhi University had earmarked some seats at the post graduate level in Medicine for the medical graduates of Delhi Univer sity. By the impugened rule	 70 per cent of the seats at the post graduate level was reserved for Delhi graduates and 30 per cent of the seats was kept open to all including gradu ates of Delhi. It was	 therefore	 not a case of collegewise reservation	 but 70 per cent reservation of seats in the medical colleges under the Delhi University for the medical graduates of that University. The question of collegewise institutional preference or reservation of seats did not at all arise	 nor was it argued or sought to be decided in Jagdish Saran 's case. It is true that the observation of Pathak	 J.	 without reference to the context of the facts and the question involved in that case	 may support to some extent the contention of the appellants	 but the contention has to be rejected on a reference to the facts and the question involved in that case. It is	 however	 submitted by the learned Additional Solicitor General that there are some special facts and circumstances which justify collegewise reservation as provided by the impugned rules 4(A) and 5. It is stated by him that while the theoretical examinations in MBBS Course are conducted by the University	 the practical examinations involving 50 per cent of the total marks are held by the individual colleges. Counsel submits that in such circum stances the merits of the candidates passing the MBBS Exami nation from these four colleges are difficult to be compared and evaluated for the purpose of admission in the M.D. Course. This submission has also been made by Mr. Baze	 learned Counsel appearing on behalf of the University of Bombay. 929 We regret	 we are unable to accept such a contention. It is not disputed that in each college the practical examina tions are conducted by a set of four examiners consisting of one internal examiner from the same college	 one external examiner from one of the other three colleges and two exter nal examiners from outside Bombay. Thus	 excepting one internal examiner	 three other examiners are external exam iners and all those examiners are presumably appointed by the University. These examiners are of high academic quali fications and we fail to understand why they would deviate from the standard prescribed by the University for the assessment and evaluation of the merits of the students in the practical examinations. There is	 therefore	 no sub stance in the contention that the standard of examination and evaluation of the merits of students in such practical examinations differ from college to college. Indeed	 no material has been placed before us in support of the conten tion that different standards are adopted by the colleges in MBBS practical examinations. Equally untenable is the con tention that because of institutional preference	 the dif ferent marks given by different colleges do not affect the students	 as it is the relative merit of the student in the same college which matters in the selection of post graduate students. We do not find any justification for the apprehen sion that if the institutional preference is removed and all the candidates from the University are pooled together	 a process of dilution and undesirable racing are likely to start making a mockery of the examination system and creat ing mad race of overtaking the other colleges. This appre hension has been expressed by the Dean of Lokmanya Tilak Memorial Medical College in his. affidavit filed before the High Court. Another ground in justification of collegewise institu tional preference which has been relied on by the Dean in his affidavit and urged before us on behalf of the appel lants is that the facilities differ from college to college in respect of the pattern of patients coming to the hospital attached to each college. By way of illustration	 it is stated that in the hospital attached to Lokmanya Tilak Memorial Medical College there is maximum load of trauma cases (accidents and injuries)	 the number of such cases is much higher than that in the hospital attached to the three other colleges. The under graduate students in Lokmanya Tilak Memorial Medical College will have a wider exposure to these cases and will be far more suitable for seat in the post graduate course in Surgery where he will have to actu ally deal with these cases than a student of any other college. Even assuming that the facts stated above are correct	 we do not think that the same constitute any ground in support of institutional preference. It is the university which is required to maintain a standard in respect of the 930 subjects in the colleges affiliated to it. It is not the case of the University that the standard prescribed by it is not maintained in different colleges or that any particular college is higher in standard in a particular subject than that in another college. It may be that the number of acce dent and injury cases in the hospital attached to Lokmanya Tilak Memorial Medical College is higher than the number of such cases in the hospitals attached to other colleges	 but that does not prove or lead to the conclusion that the students of other colleges will be deficient in surgery or less meritorious than the students of Lokmanya Tilak Memori al Medical College. The contention in this regard is without substance and is rejected. Let us now examine the question of collegewise institu tional preference from the point of view of Article 14 of the Constitution. By the impugned rules	 a classification has been sought to be made with the students of each partic ular college passing their MBBS Examination from that col lege to the exclusion of all other students obtaining their MBBS Degree from the other colleges. In order that a classi fication is a permissible one within the meaning of Article 14 of the Constitution	 two tests are to be satisfied	 namely	 (1) that there is an intelligible differentia which distinguishes persons grouped together from those who are left out of the group; and (2) that there is a rational nexus to the object sought to be achieved by the impugned rules. The object sought to be achieved by the impugned rules is obviously to prefer merit for the post graduate course and to exclude less meritorious candidates. It will be presently demonstrated that both the tests are not satis fied in the instant case. In this connection	 we give below following tabular statement showing the number of seats available in each of the said four colleges in some of the disciplines. COLLEGE LTMMC TNMC GSMC GMS Students Intake 100 100 100 DISCIPLINE 1. M.D. Obs. & Gyn. 2 1 5 3+ I(R) 2. M.S. Orthopaedics 2 1 2 1 3. M.S. General Surgery 4 2 3 3+ I(R) 4. M.D. General Medicine 4 3 3 3+ I(R) 931 In Seth G.S. Medical College (GSMC)	 there are five seats in Obstetrics and Gynaecology and one seat in Topiwala Nationl Medical College (TNMC). In view of the impugned rules providing collegewise institutional preference	 five seats in Obstetrics and Gynaecology in Seth G.S. Medical College were allotted to five of its students. Of these five students	 Dr. Ganpat Sawant secured 150 marks and the four other candidates secured marks between 118 and 128 in the MBBS Examination. The respondents Dr. Anjali Deokumar Thuk ral and Dr. Sumeet Godambe	 both students of Topiwala Na tional Medical College obtained respectively 140 and 143 marks in the MBBS examination. They	 however	 were not admitted in their college	 for there was only one seat in Obstetrics and Gynaecology and that seat was alotted to a student of that college who secured 156 marks in the MBBS examination. Thus	 although Dr. Anjali Deokumar Thukral and Dr. Sumeet Godambe secured more marks than the students admitted in the post graduate course in Obstetrics and Gynaecolocy in the said G.S. Medical College	 except the said Dr. Ganpat Sawant	 they were refused admission in view of collegewise institutional preference. Similarly	 in respect of other disciplines many meritorious students could not get admission even though they secured higher marks than those admitted in the post graduate degree course by virtue of the impugned rules. Thus	 there is a patent discrimina tion inasmuch as students obtaining lesser marks have been preferred to those obtaining higher marks. There is no intelligible differentia for the classification by way of collegewise institutional preference as provided by the impugned rules distinguishing the preferred candidates in respect of each college from those excluded from such clas sification. By such classification or collegewise institu tional preference	 merit has been sacrificed	 far less it has been preferred. When the university is the same for all these colleges	 the syllabus	 the standard of examination and even the examiners are the same	 any preference to candidates to the post graduate degree course of the same university	 except in order of merit	 will exclude merit to a great extent affecting the standard of educational insti tutions. In such circumstances	 collegewise institutional preference cannot be supported and	 it has already been noticed that this Court has not approved of such preference at all. State of Rajasthan and another vs Dr. Ashok Kumar Gupta and others; 	 is a case of college based institutional preference in respect of five medical colleges in Rajasthan under the same University. The impugned Ordi nance of the University provided for addition of 5 per cent of the aggregate of marks which work out to be 932 to 137.5 marks by way of institutional preference in the sense of preference dependant on the particular medical college at which the concerned candidate has passed his final MBBS Examination. This collegewise institutional preference has been disapproved by this Court in that case and the impugned Ordinance has been struck down. The learned Additional Solicitor General sought to distinguish Dr. Ashok Kumar Gupta 's case from the instant case. We do not think that the said case is distinguishable from the case with which we are concerned	 inasmuch as in both the cases the question of collegewise or college based institutional preference is involved. It is stated that mode or method adopted for giving collegewise institutional preference in Dr. Ashok Kumar Gupta 's case is different from the instant case but	 in our opinion	 nothing turns out of that. So far as educational institutions are concerned	 unless there are strong reasons for exclusion of meritorious candidates	 any preference other than in order of merit	 will not stand the test of Article 14 of the Constitution. So	 the impugned rules are discriminatory and do not satisfy the tests of reasonable classification and	 as much	 cannot be sustained. It is next contended on behalf of the appellants that as the Bombay Municipal Corporation has to spend a lot of money for the running of the three colleges sponsored by it	 seats for the postgraduate course should be reserved in these three colleges for the students passing the MBBS Examination from any of these colleges. If such reservation is allowed	 the students of the Maharashtra Government College	 namely	 the Grant Medical College	 will not get any admission in any of the three Municipal Colleges	 even if the students or some of them passing the MBBS Course from the Government College are more meritorious than the students for whom the seats will be kept reserved in the Municipal Colleges. It is urged that it will not be a case of collegewise institution al preference so far as the Municipal Colleges are concerned and there should be no objection for the Bombay Municipal Corporation to give preference to the students of the Munic ipal Colleges	 of course	 to the exclusion of the students of the Government College. This contention	 in our opinion	 is without any substance. It may be that the Bombay Munici pal Corporation has to spend a lot of money for the colleges run by it	 but that will be no ground for making a discrimi nation between the students of the Municipal Colleges and those of the Government College affiliated to the same university	 for the purpose of admission in the post gradu ate degree course. Such discrimination will not serve any object which can be justified on any rational basis. Such reservation or preference also cannot be allowed	 for if allowed	 rule 5 of the Rules framed under the 933 Government Resolution dated June 18	 197 1 will survive inasmuch as the students of the Grant Medical College will only be admitted in the M.D. Course. But	 those students who could not be admitted in that College	 will not be eligible for admission in the Municipal Colleges. We are unable to permit such discrimination in the matter of admission in the M.D. Course. Another ground on which collegewise institutional preference has been sought to be justified by the learned Additional Solicitor General is on the basis of institutional continui ty. In support of this ground of institutional continuity	 the learned Additional Solicitor General has placed much reliance on the observations of Pathak	 J. in Jagdish Sa ran 's case	 which has already been extracted above. It was not a case of collegewise institutional preference or insti tutional continuity	 and the said observations should not be understood in that sense	 but in the sense of institutional continuity in the same university. After giving our thoughtful consideration to the question of collegewise institutional preference	 we are of the view that such preference or reservation of seats is not permissible and the High Court has rightly struck down both the impugned rule 4(A) flamed by the Bombay Municipal Corpo ration and part of rule 5 flamed under the Government Reso lution	 that is to say	 only in respect of its application to the Grant Medical College in the city of Bombay relating to admission to post graduate M.D. Course. We	 however	 make it clear that the students who have been admitted to post graduate M.D. Course pursuant to the impugned rules	 their admission shall not be interfered with or disturbed. At this state	 we may consider the submission of Mr. Lalit	 learned Counsel appearing on behalf of the applicants in C.M.P. No. 20748 of 1988 praying for their impleadment as party respondents to Civil Appeal No. 2792 of 1988. We do not think that any useful purpose will be served by implead ing them as party respondents to the appeal. The only prayer that has been made by Mr. Lalit is that the applicants who have passed the diploma course from the Municipal Colleges should be held to be eligible for admission in the M.D. Course with credit for the diploma course in any of the Municipal Colleges. We are told by the learned Counsel appearing for the State Government and the Bombay Municipal Corporation that if the impugned rules are struck down	 they will have to frame fresh rules consistent with the judgment of this Court and	 as we have directed not 934 to disturb admission of the candidates in the post graduate M.D. Course pursuant to the impugned rules	 we consider the prayer made by the applicants as quite reasonable and	 accordingly	 direct that the applicants who have passed the diploma course in the Municipal Colleges after passing the MBBS Examination	 will be eligible for admission in the post graduate M.D. Course in any one of the Municipal Col leges with credit for the diploma course. Mr. Tarkunde	 learned Counsel appearing on behalf of the respondents writ petitioners	 submits that the cases of admission of some of the respondents	 who have not been admitted to the postgraduate degree course in certain spe cialities of their choice in view of the impugned rules	 may be considered by the State of Maharashtra and the Municipal Corporation of Greater Bombay	 in case seats are available	 either in the Municipal Colleges or in the Grant Medical College	 which is a Government College. In our opinion	 the prayer is quite reasonable and the State of Maharashtra and the Bombay Municipal Corporation are directed to consider the question of their admission	 provided seats are avail able. The names of the said respondents and the respective disciplines of their choice are given below: 1. Dr. Anjali Deokumar Thukral M.D. Gynaecology and Obstetrics 2. Dr. Atul Jaywant Galtonde M.S. Orthopaedics 3. Dr. Naresh Kanayalal Navani M.S. General Surgery 4. Dr. Anna Koshy Joseph M.D. General Medicine 5. Dr. Vaishali Ramnik Doshi M.D. General Medicine Before we part with these cases	 we may dispose of one submission made on behalf of the appellants. Our attention has been drawn to the fact that while striking down the impugned rule 4(A) and impugned rule 5 in part	 the High Court has directed the appellants to frame rules adopting certain alternative methods for dismission in the post graduate M.D. Course for the next year	 as stated in the judgment. The said directions appear to be in the nature of suggestions by the High Court	 and the appellants will be free to frame rules for admission in the post graduate M.D. Course in the said four colleges in the city of Bombay in conformity with the provision of Article 14 of the Constitution and in the light of the judgment of this Court and in 935 framing the rules	 the appellants may take into considera tion the suggestions of the High Court. In the result	 Subject to the directions given above	 the appeals are dismissed. There will	 however	 be no order as to costs. SPECIAL LEAVE PETITION (CML) NO. 8883 OF 1988 WRIT PETITION (CIVIL) NO. 1253 OF 1988 For the reasons aforesaid	 Special Leave Petition and Writ Petition fail and are dismissed without any order as to costs. Y.L. Ap peals dismissed.

There are four Medical Colleges in the City of Bombay	 all affiliated to the University of Bombay. Out of four	 three colleges are run by the Municipal Corporation and one is run and conducted by the State of Maharashtra. Rule 4A framed by the Municipal Corporation and Rule 5 framed by the State Govt. vide Govt. Resolution dated June 18	 1971 govern the admissions of students to post graduate degree and diploma course in the respective Medical Colleges. Both the aforesaid Rules provide for collegeate institu tional preference for admission in the M.D. Course. In other words	 in each college	 candidates who passed their M.B.B.S. exam from that college were to be preferred for purposes of admission to the Post Graduate M.D. degree	 no matter wheth er the candidates had secured less marks than those who secured higher marks	 having passed the M.B.B.S. Exam. from other colleges. On this basis some candidates who were not able to secure admission to the M.D. Course in the respec tive colleges from which they had passed their M.B.B.S. Examination were not also admitted in the other medical colleges in the City of Bombay	 in view of college wise institutional preferences as provided by Rule 4A and Rule 5 referred to above. Those students/candidates challenged the validity of the afore said Rule 4A and Rule 5 framed by the Municipal Corpn. and the State Govt. in the High Court	 as being violative of article 14 of the Constitution. The High Court allowed the Writ Petition and struck 920 down the impugned Rule 4A in whole and Rule 5 in so far as it applies to the Govt. Medical College	 as discriminatory and violative of article 14 of the Constitution and thus in valid. Hence these appeals by Special Leave. Dismissing the appeals with some directions	 the Court	 HELD: When the University is the same for all these colleges	 the syllabus	 the standard of examination and even the examiners are the same	 any preference to candidates to the post graduate degree course of the same University except in order of merit	 will exclude merit to a great extent affecting the standard of educational institutions. In such circumstances	 college wise institutional prefer ence cannot be supported and	 this Court has not approved of such preference at all. [931F G] So far as educational institutions are concerned unless there are strong reasons for exclusion of meritorious candi dates	 any preference other than in order of merit	 will not stand the test of article 14 of the Constitution. [932C D] The Rules are discriminatory and do not satisfy the test of reasonable classification and as such	 cannot be sus tained. The Court accordingly dismissed the appeals and directed that the students who have been admitted to post graduate M.D. Course pursuant to the impugned Rules	 their admission shall not be interfered with or disturbed. [933E] The High Court has directed to the appellants to frame rules adopting certain alternative methods for admission in the Post graduate M.D. Course for the next year. The said directions appear to be in the nature of suggestions by the High Court and the appellants will be free to frame the rules for admission in the Post graduate M.D. Course in the said four colleges in the City of Bombay in conformity with the provision of article 14 of the Constitution and in the light of the Judgment of this Court and in framing the Rules	 the appellants may take into consideration the sug gestions of the High Court. [934G H; 935A] Dr Pradeep Jain vs Union of India & Ors.	 ; 	 distinguished. Nidamarti Mahesh Kumar vs State of Maharashtra & Ors. 	 ; 	 not applicable. 921 Jagdish Saran & Ors. vs Union of India & Ors. 	 ; 	 not applicable. State of Rajasthan & Anr. vs Dr. Ashok Kumar Gupta & Ors.	 ; 	 not applicable.