BIPIN BLOWDA Vs. STATE OF MAHARASHTRA & ORS.

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally by consent of parties. The learned AGP waives service for the respondents.

(2.) The petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India for stay to the effect and operation of the impugned decision in the form of letters issued by the Director of Medical Education and Research ( for short "DMER") thereby cancelling admission of the petitioner to the MBBS Course in Respondent No.3 College. The petitioner has further sought direction to the respondents to ensure that one seat in the open category in 70% of original quota be kept vacant for the petitioner. The few fact which are necessary for adjudication of the matter are enumerated below :-

(3.) The petitioner is domicile of State of Rajasthan and he appeared for the National Eligibility Entrance Test (for short "NEET") for the Academic Year 2017-18 since he was desirous to seek admission in MBBS Course. The petitioner secured a score which made him eligible for getting admission into any college of his choice in Maharashtra in All India quota and also State quota in the open category of seats. On his participation in the Centralized Admission Process (CAP), the petitioner was allotted a seat in respondent no.3's college where he submitted his original documents and also deposited his fees on 5/8/2017. However, on 7/8/2017 the petitioner received a letter from respondent no.3 that his admission in the said college is cancelled as per the directions of respondent no.3. When the petitioner sought reasons for cancellation of his admission, he received reply dated 10/8/2017 where it was stated that his admission was cancelled on the ground that he had previously obtained admission to MBBS Course after submission of false and fabricated documents in relation to his caste (ST) and said admission came to be cancelled and even criminal case was registered against him. It was also informed that the petitioner is debarred from pursing Health Science course in the State of Maharashtra in future.