VRUSHALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AS these writ petitions raise common questions of facts and law and particularly the interpretation of rules for selection to the M. B. B. S. and B. D. S. Courses for the year 1995-96 issued by the Government of Maharashtra and as identical reliefs are claimed in these petitions, we have heard these petitions together and we are disposing of all the petitions by this common judgment.

(2.) FOR the sake of convenience, we will shortly narrate the facts in Writ Petition No. 2729/95. The petitioner in this petition passed her 12th Standard examination conducted by Amaravati Regional Board in the month of March 1995. For the purpose of admission to medical courses, she secured 272 marks out of 300. The State of Maharashtra has framed rules governing admissions to the Dental and Medical Colleges in the State. According to the rules, the Competent Authority is the Director of Medical Education and Research, Bombay. It is the Competent Authority, which controls selection process under the rules. There are also Designated Authorities for prescribed University areas as specified in Annexure A to the rules. The Designated Authorities under the control of Competent Authority, distribute application forms, receive filled forms, scrutinise the forms and publish University area-wise (regional) merit list. In the present case, respondent No. 3 Dean, Indira Gandhi Medical College, Nagpur is the Designated Authority for admission to Medical Colleges in Amravati region. So far as Amravati region is concerned, there is one private recognised Medical College, namely, Dr. Punjabrao Deshmukh Memorial Medical College, Amravati with the total intake capacity of hundred students and the Government Medical College, Yeotmal with admission capacity of fifty students. In addition, fifty seats in MAEERS Medical College, Talegaon Dabhade, Pune are also allotted to Amravati region. Said MAEERS Medical College is a private unrecognised Medical College. The present petition relates to admission against payment seats for the first M. B. B. S. Course, which are available only at Dr. Punjabrao Deshmukh Memorial Medical College, Amravati and the said Talegaon Dabhade Medical College. As per Rule 4. 1. 1. of the rules for admission, fifty per cent of the seats at the private Medical Colleges are treated as free seats and balance fifty per cent seats are treated as payment seats. According to the rules as framed, five per cent of the total seats at the private Medical Colleges are allotted to the students, who are non-resident Indians and admissions to these five per cent seats are done by the Colleges themselves and the Competent Authority or the Designated Authority has no control over the same. Under Rule 5. 1. 0 of the rules, out of the seats at the disposal of the Competent Authority, seats are reserved for Backward Classes and other Backward Classes in the percentage provided in the rules.

(3.) THE petitioner could not get selected for open merit seats or free seats either in the Government Medical College or in the Private Medical College and she had indicated her willingness against the payment seats also. Before the admissions could be finalised, the Apex Court by an order dated 31. 7. 1995 stayed the process of selection till it decides the matter pending before it. Ultimately, the matter namely, an interlocutory application in Writ Petition (C) No. 317/93 and other connected matters were disposed of by order dated 11. 8. 1995. Amongst other things, the Apex Court increased the seats for NRI. Students from five per cent to total fifteen per cent under the aforesaid order. According to petitioner, result was that so far as Dr. Punjabrao Deshmukh Memorial Medical College, Amravati is concerned, out of fifty payment seats, fifteen seats were allotted to NRI quota and thus, only thirty-five seats were available at the disposal of the Competent Authority, and out of twenty-five payment seats at Talegaon Dabhade College allotted to Amravati region, seventeen seats were available for allotment at the disposal of the Competent Authority as eight seats would be allotted to NRI quota. After the judgment of the Apex Court referred to above, the Competent Authority published a revised programme of admission against payment seats on 30th August 1995. On 1st September 1995, students in the merit list at Nos. 3001 to 3300 were to be interviewed at Bombay. The petitioner was also accordingly interviewed at Bombay. However, she was not allotted any payment seat. She, therefore, opted to be placed on the waiting list and accordingly, she was placed on the waiting list and her number at the waiting list is at serial No. 3.