ASHOK VITHAL DATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE grievance of the petitioner belonging to a scheduled tribe in this petition is that the petitioner has been denied admission to Medical post graduate course in the Maharashtra University for Health Science on account of the lack of pragmatic approach of the respondent-authorities.

(2.) THE petitioner appeared at the common entrance test for admission to the medical post graduate course in the State of Maharashtra and also at All India CET examination. Initially, the petitioner did not take admission in the post graduate medical College in Maharashtra and therefore the petitioner secured admission for the medical post graduate course in Madurai Medical College, Madurai from All India quota seat in MS (Opthalmology) on 23 June 2011. The Dean, Madurai Medical College accordingly issued certificate dated 24 June 2011 at Exhibit B to the petition indicating that the petitioner had secured admission to the above course in Madurai Medical College, Madurai on 23 June 2011 and that the original certificates of the petitioner such as MBBS Degree certificate, MBBS Medical Registration Certificate, CRRI Certificate, Final year MBBS Mark sheet etc. were produced before the Madurai Medical College and those original documents were taken in the safe custody of the office of the Dean, Madurai-Medical College.

(3.) WHEN the petitioner's case came up for consideration in the second round of counselling in the State of Maharashtra the petitioner appeared before the competent authority on 29 June 2011, as per his merit the petitioner was entitled to get admission to the post graduate medical seat in Maharashtra in the discipline of MS (Surgery). However, when the petitioner was called upon to submit the original documents as required for admission process, the petitioner showed the aforesaid certificate dated 24 June 2011 indicating that all the original certificates of the petitioner were in the safe custody of the office of the Dean, Madurai Medical College and as the petitioner had secured admission for All India seat in the State of Tamil Nadu, he cannot produce the originals. However, the competent authority did not consider the petitioner's case on the ground that the petitioner was not in a position to submit all the original certificates. 30 June 2011 was the last date for admission to the post graduate medical courses.