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H] Article 371(2)(c) of the Constitution of India permits the Governor to require an equitable arrangement to be made for providing adequate facilities for technical education in respect of areas of Vidarbha, Marathwada and rest of the Maharashtra. Medical education falls within the scope of said Article. Under Article 371, the power is given to the President. Under Article 371, the State Government does not have inherent 18 wp 6460.20+ powers in publishing the rules doing away with regional reservation as it affects the State of Marathwada and Vidarbha. The President alone has been given power in that regard. Reliance is placed on the judgment of the Apex Court in case of S. Prakash Rao and another Vs. Commissioner of Commercial Taxes and others reported in (1990) 2 SCC 259 and in case of Ravindra Kumar Rai Vs. State of SCC 183.

8. Mr. Anturkar, learned Senior Advocate (Special Counsel) for the State countered the arguments of the learned Counsel for the petitioners. The contour of his arguments hetherto summarised.

A] Article 371 of the Constitution of India is only enabling provision. It is only when the Hon'ble President empowers the Hon'ble Governor then only the provision will come into force. So far as medical admission is concerned, the petitioners have not brought on record that the Hon'ble President has empowered the Hon'ble Governor to make any distribution so far as medical education is concerned. The technical education and 20 wp 6460.20+ vocational training cannot be interpreted to mean medical education. Technical education is treated differently by the Constitution from medical education. The rules in question have not been framed either under Article 371 of the Constitution or under any Presidential Order or Government Order issued under Article 371 of the Constitution of India. The Amendment Rules-2020 is a piece of subordinate legislation under Section 23 of the Act-2015.

18. Article 371 of the Constitution is an enabling provision. The Hon'ble President may by order made with respect to the State of Maharashtra or Gujarat provide for any special responsibility to the Governor for equitable arrangement providing adequate facilities for technical education and vocational training subject to the requirements of the State as a whole. Article 371 in no way rips into the powers of the State to enact laws governing technical education and vocational training. The object of Article 371 is to enable the Hon'ble President to lay special responsibility on the Governor of Maharashtra or Gujarat for the developmenet of certain areas. That would in no way restrict the powers of the State to enact laws governing the technical education and vocational training. Having said so, it would not be relevant to enter into the debate as to whether the technical 38 wp 6460.20+ education and vocational training would include medical education.