PRIYANKA OMPRAKASH PANWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner appeared for the Common Entrance Test conducted by the State Government for admission to Medical Colleges in the State in May 2002 and sought admission to the M.B.B.S. Degree Course on the basis of a claim to belong to the Khatik Community which is notified as a Scheduled Caste in the State of Maharashtra. On 24th June 2002. the Petitioner was granted admission to the Mahatma Gandhi Mission Medical College at Navi Mumbai on a reserved seat on the basis of a Caste Certificate granted by the Deputy Collector, Thane. The Caste Certificate was forwarded to the Divisional Caste Certificate Scrutiny Committee, Konkan Division, Mumbai for verification. By an order dated 27th February 2004, the claim of the Petitioner to belong to the Khatik Community was invalidated. The decision of the Scrutiny Committee was challenged by the Petitioner in a petition under Article 226 of the Constitution. By an order dated 7th March 2005, a Division Bench of this Court confirmed the order of the Scrutiny Committee, invalidating the claim of the Petitioner to belong to the Khatik Community. Counsel appearing for the Petitioner submitted before the Division Bench that the Petitioner was prosecuting her studies for the third year of the MBBS Degree Course and, relying on the judgment of the Supreme Court in State of Maharashtra vs. Milind, a direction was sought for the protection of the admission granted to the Petitioner. The Division Bench while disposing of the petition directed the Government to consider any representation that may be made by the Petitioner and observed that it would be open to the management of the Medical College, "if they can adjust the Petitioner to do so".

(2.) The Petitioner filed a representation dated 21st March 2005 with the Competent Authority and Director of Medical Education and Research as well as with the Educational Institution in which the Petitioner was admitted. On 28th December 2005, the Dean of the Third Respondent informed the Petitioner that the admission which was granted to the Petitioner during the Academic Year 2002-03 to the MBBS Course in a reserved category, namely as a member of a Scheduled Caste, was cancelled. The Petitioner was informed that following the rejection of the Writ Petition by this Court, the Director of Medical Education and Research had directed the College by a communication dated 21st December 2005 to cancel the admission of the Petitioner with immediate effect. The Petitioner impugned the communication of the Second Respondent dated 21st December 2005. A consequential direction has also been sought for the continuance of the admission of the Petitioner.

(3.) During the pendency of the Petition, a Motion for interim relief (N.M. 96 of 2006) was taken out with a prayer that the result of the Petitioner for the First Semester examination of the third MBBS be declared. The result was produced before the Court in a sealed cover and upon perusing it, the Division Bench recorded that "the Petitioner has passed this examination with good marks". The Motion was accordingly made absolute by directing that the result of the Petitioner be declared and since the Petitioner is "otherwise eligible" admission may be granted to the subsequent Semester.