SANGITA KAMLAKAR VYAVAHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) MARLAPALLE, J. The petitioner has challenged the registration granted to respondent No.18 for admission to MS (Opthalmology) in January 1997 Batch pursuant to the Selection Committee's decision dated 29-10-1998 and sought direction in the nature of mandamus against respondents No.1 to 17 to grant her admission to MS (Opthalmology) in the said Batch in place of respondent No.18.

(2.) BY judgment and order dated 26th February 1999, the petition was transferred to the University and College Tribunal at Aurangabad for its decision, on merits. The petitioner was satisfied by the said order passed by this Court as the post of the Presiding Officer of the University and College Tribunal had fallen vacant at the relevant time and in stead of approaching to the incharge Tribunal at Pune/amravati, the petitioner preferred to approach the Apex Court in Civil Appeal No 1. 4047/1999 which came to be allowed by order dated 20th July 1999 by restoring writ petition No.12 of 1999 to the file of this Court and the order of transfer was set aside. We have therefore required to hear and decide the petition on its merits.

(3.) ON the resignation of Dr. Thakre, one seat of 1997 Batch for admission to MS (Opthalmology) from AIE examination quota fell vacant, and therefore, the respondent No.2 sought guidance from the Director of Medical Education and Research, Mumbai as to whether the said vacant seat should be filled in and if so in what manner as it was learnt by the said respondent that there was stay on filling in the All India returned seats. The petitioner made a representation on 7-8-1998 to the Dean, Government Medical College at Aurangabad for registration of admission to MS (Opthalmology) against the seat vacated by Dr Thakre. Similar representation was also submitted by respondent No.18 on the same day and by offering to resign from the registration to DOMS course to which he was admitted against the January 1997 Batch as he could not get admission to the MS (Opthalmology ). Such an offer of resignation from the seat of DOMS was not made by the petitioner in her representation dated 7-8-1998 and the question of such offer did not arise as she had already completed the said course in May 1998. The intervener also submitted such a representation belatedly i. e. on 15-12-1998. He has been admitted to the DOMS course in December 1999. As there was no response from the respondent No.2 to her representation dated 7-8-1998 the petitioner filed Appeal No.46 of 1998 before the University and College Tribunal at Aurangabad under Section 68 (1) of the Maharashtra Universities Act 1994. In the said appeal the respondent No.18 appeared as an intervener and by the judgment and order dated 25th September 1998 the appeal came to be disposed of as premature. In paragraph 3 of the said order the Tribunal has observed : " In case the decision is taken by the authorities to fill in the said seat, then the authorities will consider the applications made by the appellant and the intervener, Dr. Panse and fill in the seat according to rule. The authorities will communicate the decision to the appellant and the intervener on the addresses given in their applications. It is clarified that no personal hearing is contemplated by the above direction. "