SHILPA SURESH SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Respondent Nos. 1, 2 and 3 waive service through Counsel. Interveners 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 AIR 1984 sc 1420 : 1984 (3) S. C. R. 942 : 1984 (3) SCC 654 : 1984 (2) L. L. J. 481 the mode of selection of candidates for the Post Graduate Medical courses, is as under:-A. 25% of the total number of available seats are carved out into a separate category and have to be filled up only by admitting students who have passed the All India Entrance examination (All India Quota ). B. Of the balance 75% of the seats remaining, 15% have to be reserved for in-service candidates (In-service quota), c. Certain percentage, not exceeding 50% of the balance, have to be reserved for different categories of students like scheduled Castes, Scheduled Tribes, Nomadic Tribes and other backward classes.