SNEHA SATYANARAYANA AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Heard finally by consent of Shri. Parchure, learned Counsel for the petitioner, shri. Kumbhakoni, learned Associate Advocate general assisted by Mrs. Dangre, learned assistant Government Pleader for the respondent nos. l, 2 and 4, and Shri. Meghe, learned Counsel for the respondent no. 5. None appears for the respondent no. 3 though served.

(2.) SHRI. Parchure, learned Counsel for the petitioner, submits that grievance of the petitioner in the instant petition is that allotment of seats in 30% State quota meant for female candidates (open) and 70% regional seats in regard to first year M. B. B. S. Course for the academic session 2006-07 is done by the competent Authority in an arbitrary manner. It is contended that issue in question pertains to allotment of seats in Indira Gandhi Medical college, Nagpur in 30% and 70% categories (women - open) and same is not consistent with the admission rules i. e. MHT-CET 2006.

(3.) IT is submitted by the learned counsel for the petitioner that Rule 1. 4. 2 contemplates that out of the seats at the disposal of the competent Authority, 30% of such seats in each College are required to be filled on the basis of State Merit List and as per Rule 1. 4. 4, remaining 70% seats are required to be filled from amongst the candidates, who have passed h. S. C. (or equivalent examination) from the schools/colleges situated in the region of concerned development Board, i. e. rest of maharashtra, Vidarbha and Marathwada. It is contended that as per Rule 2. 3. 1 while filling the seats in College/institution, the State seats (30%) shall be filled first followed by regional seats (70% ). It is submitted that so far as first round of counselling/admission is concerned, the respondent Authorities have followed this procedure. It is submitted that as per reservation provided in 30% and 70% women (open) quota, the seats at the disposal of the Competent authority in respect of the Indira Gandhi medical College, Nagpur were twelve. Out of these twelve seats, 30% seats on the basis of state Merit List, i. e. four seats are required to be filled first in every round and remaining eight seats are required to be filled on the basis of merit in 70% open woman category. It is contended that the Competent Authority after following the procedure contemplated under the Rules, admitted twelve candidates in the i. G. M. C. , Nagpur on the basis of State Merit list as per their eligibility. Chart showing these admission reads thus : <FRM>JUDGEMENT_684_ALLMR1_2007Html1.htm</FRM>