RITESH R SAH Vs. Y L YAMUL

JUDGEMENT

(1.) This writ petition under Article 32 of the Constitution of India raises the question whether a candidate belonging to the Scheduled Caste or any other reserved category even if is entitled to be selected for selection for admission in the open competition on the basis of his own merit yet can he be counted against the quota meant for reserved category or he will be treated as an open competition candidate The aforesaid question arises because of the rules for selection to MBBS and BDS course for the year 1995-96 issued by the Government of Maharashtra in the Department of Medical Education and Drugs. The petitioner admittedly belongs to the reserved category. The petitioner's case in the nutshell is that respondent Nos. 5 to 36 belonging to the reserved category though could have been admitted on the basis of marks secured in open merit, yet they were admitted as against the reserved category and as a result the petitioner was excluded from getting admission into the MBBS course. There is no denial to the aforesaid assertion of fact. But the stand of the State Government as well as respondent Nos. 5 to 36 is that if the respondents are allowed to take admission in open merit then it will work out gross injustice and will be more harsh to them as they cannot get admitted to the colleges of their choice even though they have secured much higher marks than the other reserved category candidate and the candidates securing lower marks will get the premium of being admitted to the colleges of their choice. Before embarking upon any discussion on the point of controversy between the parties, it would be appropriate for us to notice some of the clauses of the Rules framed by the Government of Maharashtra for the purpose of selection of MBBS course and BDS course for the year 1995-96. The Preamble of the Rule indicates that it purports to give effect to the prescribed scheme of this Court given in the form of a directive in Unnikrishnan's case and the Rules are intended to be applicable for the year 1995-96. Under Clause 2.0.1. the Director of Medical Education and Research has been appointed as Competent Authority for Selection to 1st year M.B.B.S. Courses.

(2.) Under Rule 2.0.2. the Competent Authority is required to implement the Rules through the Designated Authorities and would also act as an Appellate Authority to dispose of representations submitted by the candidates.

(3.) Rules 2.0.3. provides that the Designated Authorities are those specified under Annexure "A"