LAWS(BOM)-2012-9-121

SEEMA SUNIL KHINVASARA Vs. STATE OF MAHARASHTRA

Decided On September 12, 2012
Seema Sunil Khinvasara Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The Petitioner who is a doctor by profession and practices in a rural village has filed this Petition for and on behalf of her minor daughter Pranjal. The Petitioner has questioned the denial of admission by Respondent No. 3 college to Pranjal in the First year MBBS course from the Maharashtra Rural quota. The Petition was amended after a Reply was filed by Respondent no. 3 and the Petitioner has also challenged the constitutional validity of clause 3.2.4 of the 2012 Prospectus of the college on the ground that it is arbitrary and in violation of Article 14 of the Constitution of India. Respondent No. 1 is the State of Maharashtra. Respondent No. 2 is the Directorate of Medical Education and Research. Respondent No. 3 is the Mahatma Gandhi Institute of Medical Sciences situated at Sevagram in District Wardha (referred to as "Respondent No. 3 college"). Respondent No. 4 is the Maharashtra University of Health Sciences, Nasik.

(2.) The facts leading to the filing of the present Petition are that Pranjal had appeared in the Pre-Medical Entrance Test and had applied under Maharashtra Rural quota which is reserved for students from rural areas of the State of Maharashtra. Respondent No. 3 college initially had an intake capacity of 65 seats which was increased to 100 seats out of which 6 seats were reserved under the Rural quota. Pranjal appeared for the Pre-Medical Entrance Test on 15.4.2012 conducted by Respondent no. 3 college and was ranked 10th in the Merit List of the Rural quota.

(3.) Clause 3.2 of the Prospectus deals with the category of 'Rural' and sets out various other clauses which lay down the eligibility criteria under this category. In the present case, Pranjal was denied admission as according to the Respondent No. 3 college she did not fulfill the eligibility criteria laid down under clause 3.2.4 which reads as follows: