OMPRAKASH SINGH SHISODIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. With the consent of the parties, petition is taken up for final hearing.

(2.) The petitioner is challenging final allotment list published by respondent No. 2 dated 16.11.2019 for Ph.D. seats for Floriculture and Landscaping by invoking Article 226 of the Constitution of India.

(3.) According to the petitioner, he has completed his post graduation in horticulture with specialization in Floriculture and Landscaping in the year 2009 from respondent No. 2/The Vasantrao Naik Marathwada Krishi Vidyapeeth, Parbhani. The petitioner is from the category of Project Affected Person (In short 'PAP'). He has applied for the admission of Ph.D. for the academic year 2019-2020. According to the petitioner, Agriculture Department for the College of Parbhani had total number of 33 seats for the various courses offered for Ph.D. Out of it, one seat was to be reserved for PAP. He further contended that out of 33 seats, one seat was offered for Floriculture and Landscaping by respondent No. 3/University and same was further reserved under the University quota from the Parbhani Agricultural College Ph.D. admission quota for the year 2019-2020. He further contended that there are only 4 Agricultural Universities in the State of Maharashtra which provide Ph.D. courses in Floriculture and Landscaping and total number of seats available for the said course in the State of Maharashtra are seven. According to the petitioner, his home University i.e. respondent No. 3 was among these four Universities offering Ph.D. in Floriculture and Landscaping and only one seat was available for the said University and that too reserved from University quota. It is contended by the petitioner that he was eligible candidate for the admission under the University quota in respondent No. 3/University for Ph.D. in Floriculture and Landscaping in the academic year 2019-2020, since he has completed post graduate course from respondent No. 3/ University at Parbhani. He has given preference to only one college for Ph.D. i.e. for respondent No. 3/College owing to the University quota reservation declared in the respondent No. 3/University for Ph.D. course in Floriculture and Landscaping discipline.