TaxTMI 
TaxTMI 
2001 (9) TMI 1143
X X X X Extracts X X X X
X X X X Extracts X X X X
....rms of the 1998 Rules, shall be considered keeping in view that the residency requirement as contained in Rule III (1)(iii) is directory. The effect of the said direction is to, in substance, dispense with or doing away with the eligibility requirement envisaging ten years residency in the State of Goa in the matter of selection of the candidates for admission to the Post-graduate courses in Medicine and MDS for the academic year 1999-2000. The relevant portion of the Goa (Rules for Admission for Post-Graduate Degree Courses of the Goa University at the Goa Medical College) Rules, 1998 (hereinafter referred to as "the Goa Rules 1998") reads as follows: "III. Eligibility, Preference and Order of Merit :(1) Eligibility : ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Goa, Daman and Diu till May, 1987 when Goa became a State, Daman and Diu remained a Union Territory. The first respondent belonged to the erstwhile Union Territory comprising of Goa, Daman and Diu and even after separation of Goa, continued to be a resident of the Union Territory of Daman and Diu. We have carefully considered the submissions of the learned counsel appearing on either side. The learned Judges of the High Court have wholly misconstrued the ratio of the earlier decisions of this Court wherein what was really deprecated was the wholesale reservation of seats made by some of the State Governments on the basis of domicile or residence requirement within the States or on the basis of Institution preference, regardle....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e could be only two alternative courses, namely, either the rule is unconstitutional or illegal for any reason and, therefore, to be struck down or on the other hand valid and invariably and uniformly enforceable without any reservation whatsoever, as binding and mandatory in character. The reasoning of the High Court, therefore, does not deserve to be approved and the same is unsustainable. So far as the alternate plea advanced on behalf of the first respondent to justify the ultimate relief granted in favour of the first respondent is concerned, the same has merit of acceptance in our hands. Section 58 of the Goa, Daman and Diu Re-organization Act, 1987 provides that "on and from the appointed day, the Government of Goa sha....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Section 58 is almost akin, in its purpose and object to Section 113 of the States Re-organization Act, 1956. Though the said Act had a Schedule of its own enumerating the details of such matters, the Statement of Objects and Reasons pertaining to Section 113 makes it clear that those provisions were enacted with the object of continuing the facilities in certain classes of State Institutions such as Engineering Colleges, Medical Colleges, Government Hospitals, Research Institutions, etc. Keeping in view, therefore, the purpose and object of the provisions engrafted in Section 58 and having regard to the nature of the same to be protective in character, a liberal construction such as the one placed by us could only further the legisla....