SHREYASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard the learned Counsel for the parties finally by consent.

(2.) By these two Writ Petitions, students seeking admission to the MBBS Course having passed the MHT Common Entrance Test 2011 have prayed that the admission of respondent students who are admitted be cancelled and the respondent authorities be further directed to give admission to the petitioners. The controversy has arisen in respect of the admission to the course of M.B.B.S. for the year 2011 under the scheme for admission framed by the Directorate of Medical Education and Research of the Government of Maharashtra for admission to Government Medical Colleges in the State of Maharashtra. The Rules governing the said admissions are stated in the Brochure. They provide that in each Government College the intake capacity is to be filled up as follows :

(3.) The present case arises in respect of seats which have fallen vacant or remained unfilled from the All India Quota meant for candidates who have passed the AIPMT. As a matter of fact, about 31 seats have fallen vacant from the All India Quota. 31 seats in 14 colleges in the State of Maharashtra have fallen vacant and have been surrendered to the State for being filled up. Rule 2.3.2 which regulates how these seats should be filled up reads as follows :