YOGANAND VISHWASRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The reserved category candidates are the appellants in these appeals challenging the judgments and orders of the High Court which held that in the absence of specific rule earmarking seats subjectwise and categorywise in reserved category in the postgraduate courses, there cannot be any earmarking of the seats.

(2.) In substance, the question for decision is whether a candidate belonging to reserved category but entitled to be admitted in postgraduate course on his own merit in the open category, can such admission be counted as an admission in reserved category; if not, whether additional seat will have to be provided to give effect to the reservation since the reserved category candidate was entitled to be admitted in the open category on his own merit and not as a result of reservation. It is a different matter that he may have opted for a seat otherwise specified for reserved category.

(3.) The aforesaid question is no longer res Integra and stands concluded by a decision of this Court in Ritesh R. Sah V/s. Dr. Y.L. Yamul. In this decision, it has been held that :