PRIYANKA KAMLESH SHUKLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner passed XIIth Standard examination from Maharashtra State Board of Secondary and Higher Secondary Education, Nagpur Divisional Board in March 1993, securing 422 marks out of 600 marks. She had obtained 218 marks out of 300 marks in Physics, Chemistry and Biology which is considered for admission to Medical Course. The petitioner applied for admission against payment seats for the First M. B. B. S. Course which are available only at J. M. Medical College, Sawangi, Wardha and N. K. P. Salve Medical College, Nagpur. The petitioner was not allotted any payment seat and opted to be placed on the waiting list. The case of the petitioner further is that N. K. P. Salve Medical College, Nagpur-the respondent No. 4, and J. N. Medical College, Sawangi, Wardha-the respondent No. 5 did not get sufficient number of applications for non-resident Indian students for whom 15 per cent quota is reserved under the rules and the said respondents admitted Indian students against the said seats without caring for the waiting list. She further contended that the said respondents admitted the students who had secured much less percentage of marks than her. Therefore, the petitioner filed this petition seeking directions to the respondent Nos. 4 and 5 that they be directed to admit the petitioner in the First M. B. B. S. Course against the payment seat in accordance with merit. Subsequently, by way of amendment, she also sought quashing and setting aside of the admissions of respondent Nos. 6 to 11 in the M. B. B. S. Course.

(2.) THE respondent No. 4-N. K. P. Salve Medical College, Nagpur, filed return contending that the petitioner never applied for admission against the left out seats out of N. R. I. quota inspite of the fact that the respondent No. 4 had repeatedly advertised in the national newspapers of the vacancies available and as such she was not considered for the admission.

(3.) THE stand taken by the respondent No. 5-J. N. Medical College, Savangi, Wardha, is also similar, The said respondent also submitted that repeated advertisements were issued in the national papers regarding the availability of vacancies in N. R. I. category and it was specifically stated in the said advertisements that Indian citizens could apply for the same. The said respondent filled up the vacancies left over from N. R. I. quota from amongst the candidates who had responded to the said advertisement. It was also contended that the respondent No. 9 was admitted against casual/drop out seats in the college after the cut off date on 26-10-1995.