GITANJALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties.

(2.) The petitioner approached this Court for a direction to respondent no.3-Mahatma Gandhi Institute of Medical Sciences, Sevagram to grant her admission to the M.B.B.S. course for the academic year 2010-11. There is no doubt that the petitioner has not even appeared for the entrance examination, which is conducted by respondent no.2-Institute for admitting the students. The contention on behalf of the petitioner is that it is not necessary for her to appear in the entrance examination each year and as she had cleared the entrance examination last year i.e. for the academic year 2009-10, she is entitled to get admission this year.

(3.) Mr. Dubey, the learned counsel for the petitioner, submitted that the petitioner was entitled to be admitted to the M.B.B.S. course last year, however, due to mistake of the college she was not admitted. The learned counsel for the petitioner relied upon judgment of this Court in Writ Petition No.4749/2009 decided on 01.02.2010, in which this Court has observed in paragraph 7 that the respondent no.3-Institute granted admission to less meritorious candidates by denying non Maharashtrian female candidates an opportunity of admission unjustly and arbitrarily. This Court, however, declined to grant relief to the petitioner in view of judgment of the Supreme Court in Medical Council of India Vs. Madhu Singh and ors., 2002 7 SCC 258 since the cut off date had passed. Mr. Dubey, the leaned counsel for the petitioner, submits that having once passed the entrance examination for the last academic year and having been wrongly denied admission last year, it is not necessary for her to appear for any entrance examination this year and she should be granted admission straightway on the basis of merit.