HARSHALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, being denied admission in Respondent 3 college in MBBS first year course in Academic Year 2004-2005 despite higher marks in the entrance test, filed a writ petition under Article 226 of the Constitution before the High Court. The said writ petition was dismissed by the impugned judgement on the ground that direction for grant of admission to the appellant could not be issued after the cut-off date, 30.9.2004, in view of the decision of this Court in Medical Council of India V/s. Madhu Singh. The High Court has noticed the grievance of the appellant that admission had been given by the college to those who had secured less marks in the entrance test which smacked of mala fide acts of the respondent college. According to the appellant, she waited till 14.9.2004 for grant of admission but it was denied on the ground that some petition was pending before the Court.

(3.) We have heard learned counsel and perused the record. It seems difficult to comprehend that the appellant would not approach Respondent 3 college for grant of admission after having secured 166 marks. This is further evident from the fact that she had already taken admission in dental course in July 2004 in a college run by the same trust and, thus, it is difficult to believe that she would not approach the college for getting admission in medical course. Now, it stands admitted that at least six students with less number of marks were granted admission on various dates, even if we accept the dates given by the college. The students granted admission had secured marks ranging from 164-132.