JUDGMENT - DAUD S.M., J:—Petitioner seeks a director to the respondents to grant him admission to BAMS Course for the academic year 1987-88. 2. Respondent 3 is the Dean/Principal of the R.A. Poddar Medical College, which is respondent 2 that college being run by the 1st respondent, which is the State of Maharashtra. Petitioner was born in Bombay and domiciled in this City which is part of the State of Maharashtra. His family is settled in Bombay, tracing their origin here to about 80 years ago. He belongs to the Hindu Padmashali community, which is recognized as and Other Backward Community. Upto 7th Standard the petitioner was taking his education at an upper primary Telungu School at Worli, Bombay. Thereafter, he went to Andhra Pradesh and studied in Higher Secondary School at a place in District Anandpur of that State. In March 1985, he appeared for All India Secondary School Examination, which is held by the Central Board of Secondary Education, the Board's head office being at New Delhi. Two years later, he appeared for the Senior School Certificate Examination held by the aforementioned Board. The two examinations are the equivalents to the S.S.C. and H.S.C. examinations conducted by the Maharashtra State Secondary and Higher Secondary Examinations Board. Armed with the certificates of having passed the examinations and such other documents as were necessary, the petitioner applied for and was granted an eligibility certificate by the University of Bombay. This certificate recited that the University had no objection to the petitioner provisionally joining the first M.B.B.S or the first B.A.M.S. course of an affiliated college of the University. Respondent 2 is such an affiliated college of the Bombay University. The application made by the petitioner was turned down and the reason given in the return may be reproduced in the words used therein, i.e. : “As a matter of fact, the petitioner has neither passed his X standard not his XII standard examination from any of the schools within the territory of Maharashtra. I say that the petitioner was therefore, held not eligible for admission to the said B.A.M.S. Course.” The refusal is challenged by the petitioner, who contends that the same is in violation of the Rules. The challenge has to be sustained and I do so for the reasons given below : 3. The Rules of admission to Ayurvedic Colleges of Maharashtra are at Exh. The challenge has to be sustained and I do so for the reasons given below : 3. The Rules of admission to Ayurvedic Colleges of Maharashtra are at Exh. 1, being an annexure to the return filed on behalf of the respondents. The relevant clauses from the said Rules are set out below : “C. ….. 3. For 5½ years course of B.A.M.S. including Internship, the qualifying examination of the Maharashtra State, Secondary and Higher Secondary Examination Board. (i) 12th std. i.e. (10+2) of the Maharashtra State Board of Secondary and Higher Secondary Examination Board or equivalent examination with science group of subjects i.e. Physics, Chemistry, Biology. Even if some students have higher qualifications, the marks obtained by them at the 12th Std. examination will be considered for preparation of merit and they will not get any concession in the matter of duration of the course. 5. In addition to the conditions mentioned above, only those candidates will be eligible for admissions to the Ayurvedic Colleges, who have passed S.S.C. examination of Maharashtra or equivalent examination from any of the recognized schools in Maharashtra State. 6. Exceptions. :- (ii) Sons and daughters of persons in the Maharashtra State will eligible for admission to the Ayurvedic College even if they have passed the S.S.C. or equivalent examination from outside the State. Other will not be considered as eligible for admission unless they have passed their H.S.C. or equivalent examination also from a recognized school in the State of Maharashtra.” Mr. Lokur for the respondents submits that in order to be eligible for admission to the B.A.M.S. Course, the aspirant should have passed the S.S.C. or H.S.C. examination or the equivalent examination from a recognized school in the State of Maharashtra. Unless schooling for either examination was carried out in a recognizes school located in the State of Maharashtra, the aspirant will not be eligible for admission to the B.A.M.S. course. It is not possible to accept this argument. Properly read, the Rules reproduced above lead to the following conclusions : Firstly that the aspirant should have passed the S.S.C./H.S.C. examination conducted by the Maharashtra State Secondary and Higher Secondary Examination Board or equivalent examinations with science group of subjects. It is not possible to accept this argument. Properly read, the Rules reproduced above lead to the following conclusions : Firstly that the aspirant should have passed the S.S.C./H.S.C. examination conducted by the Maharashtra State Secondary and Higher Secondary Examination Board or equivalent examinations with science group of subjects. The second condition, which the aspirant has to satisfy, is, that he should have passed the S.S.C. examination of the Maharashtra Board or an equivalent examination from any of the recognized schools in the Maharashtra State. But there are exceptions to the second requirement. One such exception is, in favour of the sons and daughters of persons in the State of Maharashtra, even if they have passed the S.S.C. or equivalent examination from outside the State. In other words, so far as the sons and daughters of the persons from Maharashtra are concerned, they would be eligible for admission to the B.A.M.S. course, irrespective of whether they did or did not carry out the schooling in the State, subject, however, to the condition that they have passed the H.S.C./S.S.C. or the equivalent examinations. Mr. Lokur submits that Exception (ii) aforementioned should be read as pertaining only to the sons and daughters of Government servants in the State of Maharashtra. I cannot agree, for, reading the exception in the manner suggested would be an act of legislation. There is nothing unusual in the Rules providing relaxation from the rigour thereof to issues of persons who are domiciled in the State of Maharashtra. Admittedly, the petitioner is otherwise qualified. He had the requisite marks and belonged to the O.B.C. category. The petition, therefore, succeeds and the rule is made absolute in terms of prayer (a) to the petition. Parties are left to bear their own cost. Petition succeeds.