AMEY AVINASH NIRMALE Vs. MAHARASHTRA ANIMAL FISHERYSCIENCES UNIVERSITY

JUDGEMENT

(1.) The Petitioner who is belongs to Scheduled Caste category applied for admission to the B.V. Sc. & A.H. Course for the year 2014-15 based upon the prospectus published by the Respondents on or about 21.6.2014. There is no issue so far as the constitutional reservation which the Respondents need to follow as provided in Clause-9. We are concerned with Clause No.9.2.(a) i.e. "Reservation of Seats: (a) Scheduled Caste and SC converted to Buddhism [SC]: 13.0% (30% seats shall be reserved for female candidates)"

(2.) The Petitioner has stated to be at 106 of Regional List and at 381 of the State Merit List. The Petitioner by this petition dated 4.10.2014 prayed that his application be considered as belongs to Scheduled Caste category on the basis of merit in accordance with law.

(3.) The learned Counsel appearing for the Respondents by affidavit dated 9.10.2014 placed on record the actual vacancies as of today, which is the last date of special round declared by them. This chart shows that four-seats are still vacant for this category. The submission is that based upon the Government Resolution dated 11.6.2013 immediately after second round they have declared that all these seats now will be filled in from the balance list available with them based upon the merit, irrespective of compliances of constitutional percentage of reservation so fixed and declared. A reference is made to the prospectus, wherein it has been mentioned that seats remaining vacant after first round of State as well as Regional quota admission will be filled in during the second round as per the following stepwise procedure: