SIVANANDAM VIVEKANAND BABU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these petitions involve a common challenge viz. the decision of the respondent No. 2 University holding them ineligible for admission to the M. B. A. degree course in the academic year 1998-98 and, therefore, they are being decided by a common judgment.

(2.) IN the first petition, the petitioner belongs to Bestha BC-A group in the reserved category and he passed his B. B. M. (Bachelor of Business Management) degree course in the year 1997 by scoring 45. 2% marks from the Nagarjuna University in A. P. He is a resident of Andhra Pradesh. The petitioner, in the second petition, also claims to belong to a reserved category and a resident of Gujarat State. She passed her B. A. degree from the South Surat University at Surat with 48% marks.

(3.) VIDE Circular No. 107 of 1998 the respondent No. 2 University had framed the Admission Rules to different courses conducted by it as well as its affiliated colleges. Clause 3 of the said circular stated that candidates from Maharashtra State belonging to S. C. /s. T. /d. T. N. T. /o. B. C. must submit the caste validity certificate and the students migrating from other States will not be entitled to the concessions/benefits available to the S. C. /s. T. /d. T. N. T. , S. B. C. and O. B. C. students of the Maharashtra State. Students belonging to N. T. (C), N. T. (D) and O. B. C. must submit creamylayer free certificate. So far as M. B. A. course is concerned, the Government of Maharashtra had prescribed a common entrance test and the eligibility conditions for appearing for the said test prescribed under Circular No. 107 of 1998 were (a) a bachelors degree in any faculty of any statutory university with 50% or more marks and 45% or more marks for candidates belonging to S. C. /s. T. /d. T. N. T. /s. B. C. /o. B. C. for Maharashtra State only, (b) a Bachelors degree with less than 50% marks with Masters Degree, second degree in any faculty of any statutory university with more than 50% marks.