DHARMENDRA PERMANAND PARAB DESSAI Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioner, Dharmendra Premanand Parab dessai, has approached this Court under Article 226 of the Constitution of India for quashing the action of the respondent No. 1 conveyed to the petitioner vide letter dated 22nd October, 1993, issuing an appropriate writ, order or direction and for a mandamus directing the respondents no. 1 to 3 to forthwith admit him to the BAMS Course with the respondent No. 2 College.

(2.) THERE are two seats for BAMS Course reserved at R A. Podar medical College (Ayurveda), Worli, Bombay, as seats reserved for Government of India nominees. These seats are to be filled in by the Government of India. In this petition, we are concerned with Ayurvedic Degree Course in Medicine for the year 1993-1994. By a Notification dated 5th June, 1993, the Government of Maharashtra in its Medical Education and Drugs department, published Government Resolution containing the rules and other information for admission to Medical, Dental, Ayurvedic, Homoeopathic and Unani Courses for the Degree Course 1993-1994 Rule V (2) states that certain number of seats at the Government Medical, Dental and Ayurvedic Colleges in Maharashtra State have been kept at the disposal of the Government of India as specified in Annexure 1 and that the application for such a seat should be submitted to the Ministry of health and Family Welfare, Government of India, New Delhi. It further states that the selection of the applicants is made by the Ministry and is subject to obtaining eligibility certificate and migration certificate from the concerned Universities Annexure 1 shows that two seats have been reserved for Government of India nominees at R. A. Podar Medical (Ay.)College, Worli, Bombay. In respect of filling up these two seats, the government, of India issued guidelines vide Circular dated 12th May, 1989, which dealt with utilisation of seats for nominees of Government of India at various Colleges of Indian System of Medicine and Homoeopathy the Government of India laid down that the State/union Territory governments where there are no ISM and Homoeopathic Colleges are requested to send their applications of suitable candidates duly recommended by them. Those guidelines pertained to the year 1989-1990. On 16th August, 1989, by another Circular issued in continuation of the above Circular, the Government of India directed that the States/union territories may make nominations to various Courses equal to the number of seats allocated to them in each course to the Colleges shown in the statement annexed thereto under intimation to the Ministry. The Circular shows that two seats for BAMS Course were to be allotted to the State of Goa and therefore, the nominations were to be made for those two seats the Government of Goa The Circular provided that the candidates to the two seats will be selected on their fulfilling the eligibility criteria and that the selection be made on merit basis, i. e. marks obtained at 10+2 level in Physics, Chemistry and Biology. The guidelines further provided that the nominated candidates may be advised to report to the Colleges for admission well in time and the Government of India may be accordingly intimated.

(3.) IT was in pursuance of this Scheme that for the year 1993-1994, two seats were available at R. A Podar Medical College and the candidates were to be nominated by the Government of Goa. Since the candidates were to be admitted in R. A. Podar Medical College, Bombay, the rules issued by the Government of Maharashtra dated 5th June, 1993, regulated those admissions, in so far as they were applicable to the candidates nominated by the Government of Goa. The rules provided that such applications were to be submitted to the R. A. Podar College completed in all respects on or before 21st June 1993 by (5 p. m. later on extended on 23rd June, 1993.