LAWS(BOM)-1990-2-33

VD PRASHANT Vs. DEAN GOVERNMENT AYURVEDIC COLLEGE

Decided On February 15, 1990
VD PRASHANT Appellant
V/S
DEAN, GOVERNMENT AYURVEDIC COLLEGE Respondents

JUDGEMENT

(1.) THE petitioners have challenged the selection 1st prepared by respondent No. 1 to on 29-9-1989 for admission to Post Graduate Courses in the subjects of Kaya Chikitsa and Ras Shastra in the Government Ayurved College at Nagpur. Both the petitions involve common questions of facts and law and, therefore, they can be conveniently disposed of by a common judgment.

(2.) THE respondent No. 1 gave advertisement on 31-8-1989 of filling in 10 seats-four in Ras Shastra and six in Kaya Shastra. Out of these 10 seats, five seats were reserved for backward classes, two for Scheduled Casts, one for Scheduled Tribe, one for Nomadic Tribe and one for O. B. C. The last date for receipt of the application forms was 15-9-1989. Both the petitioners have applied as per this advertisement. After scrutiny the respondent No. 1 prepared a provisional selection list showing the allocation of seats and waiting list of candidates in the subjects concerned. The petitioner in Writ Petition No. 2729/1989 is shown at Sl. No. 2 in the waiting list in the subject of Kaya Chikitsa. The name of petitioner in Writ Petition No. 2788 of 1989 is not included in the waiting list. The allocation of seats subject wise is as under : kaya Chikitsa : 3 in service persons, 1 general seat, 1 O. B. C. and 1 Scheduled Casts. From student category-2 students were admitted on general seats and 1 Scheduled Tribe. Rasa Shastra : 2 seats were allotted to in service persons, 1 general, 1 D. T. W. T. 1 Scheduled Caste seat to other University students and 1 seat for O. B. C.

(3.) THE petitioners felt aggrieved by this selection list as they are not admitted and, thereafter, they challenge the selection list. The petitioners are also challenging the advertisement on the following grounds :