SHILPA SURESH SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Respondents Nos. 1, 2 and 3 waive service through Counsel. Inverveners waive service through Mr. Vashi. By consent, rule called out for immediate hearing and heard.

(2.) THE short point which arises for determination in this writ petition is; "if for some fortuitous reason the quota of 25% of the seats which ought to be reserved for the candidates passing the All India Entrance Examination is unfilled, is the State entitled to reserve any of those seats, by applying its reservation policy thereto?"

(3.) THE Counsel are agreed that, as a result of the judgment of the Supreme Court in the case of (Pradeep Jain v. Union of India), A. I. R. 1984 S. C. 1420, the mode of selection of candidates for the Post Graduate Medical Courses, is as under :---