FARIDABEGUM ABDUL RAHIM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner having passed the 12th Standard Examination held by the Divisional Board of Aurangabad in March 1986 is seeking admission to a Medical College affiliated to the Marathwada University. The petitioner has passed her 10th Standard Examination from outside Maharashtra She has also passed her 11th standard examination from a place outside Maharashtra. She is the daughter of an ex-serviceman and if she satisfies the basic qualifications prescribed by the Marathwada University for admission to the Medical College affiliated to that University, then she will naturally be considered for a seat which is reserved for the sons/daughters of the servicemen/ex-servicemen.

(2.) The Government of Maharashtra has passed a resolution being Resolution No. MED. 1086/1097/MED-4 dated 12th of June 1986 regulating the admissions to the Medical Colleges in Maharashtra. The rules relating to the admissions to the Medical Colleges affiliated to the Marathwada University will be noticed by us here. It has been provided in paragraph (3) of Rule C of the rules framed for the year 1986-87 that the qualifying examination for admission to medical college is Higher Secondary Certificate (10+ 2), i.e., the 12th standard examination, of the Maharashtra State Board of Secondary and Higher Secondary Education situated in the state of Maharashtra and consisting of subjects of Physics, Chemistry and Biology. It is further provided that in addition to this qualification, only those candidates will be eligible for admissions to the medical colleges who have passed S. S. C. or Senior Cambridge or Indian School Certificate or equivalent examination from any of the recognised schools in the Maharashtra State. It should be noted that S. S. C. means the 10th standard, while H. S. C. means the 12th standard examination. In other words, one of the basic qualifications is that apart from passing the 12th standard examination from a Board situated in the State of Maharashtra, the aspiring candidate must have also passed the S. S. C. examination from any of the recognised schools in the Maharashtra State.

(3.) To this, some exceptions have been added though they are in the form of riders. Exception (i), which is given in paragraph (6) of Rule C, states that for admission to the medical college affiliated to the Marathweda University it is necessary for the candidates to pass 10th, 11th standard examination also in addition to H. S. C. (12th standard) examination from the schools/colleges situated within the jurisdiction of the Marathwada University. The meaning of this is clear, that is, a student who is seeking admission to a medical college affiliated to Marathwada University should have passed, in the first place, the 12th standard examination from the school or college situated within the jurisdiction of the Marathwada University. It has also been noticed by us earlier that a candidate should have also passed the S. S. C. examination from any of the recognised shools in the Maharashtra State. That is the general rule. But in order to gain admission to a medical college affiliated to the Marathwada University, it is also necessary for him that apart from the 12th standard examination, he should have also passed the 10th and 11th standard examinations from the schools/colleges situated within the jurisdiction of the Marathwada University To sum up, a student seeking admission to a medical college affiliated to the Marathwada University should have passed all the three examinations, namely, 10th, 11th and 12th standard examinations, from a school or college situated within the jurisdiction of the Marathwada University.