GANPAT MASHNAJIRAO WADEKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned advocates for the parties. Rule. By consent of the parties, Rule made returnable forthwith.

(2.) THE factual matrix of the matter which is relevant to decide the claim of the petitioner is as under : the petitioner belongs to S. C. Category and he sought admission to the M. B. B. S. Course from the said category. He passed his M. B. B. S. Examination in the first attempt and Secured 255 marks out of 400 in the subject of Surgery in the year 1994. He completed one year internship from 23-2-1995 to 22-2-1996 and became eligible for from 23-2-1995 to 22-2-1996 and became eligible for admission to Post Graduation Course from January-1996 Batch onwards. The petitioner also possessed the experience of house job in surgery.

(3.) THE respondents issued an advertisement on 6th April, 1996 for admission to Post Graduation Courses (Degree and Diploma) for the January-1996 Batch and the said admissions were against the seats available at the Government Medical College, Aurangabad as well as S. R. T. R. Medical College at Ambajogai. The petitioner submitted his application for P. G. with first preference to M. S. (General Surgery) as contended by the petitioner. In pursuance of a decision of this Court in Writ Petition No. 1530 of 1996, a revised roster came to be prepared for January 1996 batch after pooling all the available registrations at Government Medical College at Aurangabad and S. R. T. R. Medical College at Ambajogai together. With this advertisement, the previous advertisements issued in April 1996 was superseded and at the S. R. T. R. Medical College Ambajogai, one seat for S. C. Category was reserved for Post Graduate Courses in E. N. T. whereas for M. S. (General Surgery) there was no reservation at all and the lone seat was meant for an open category candidate. However, before the admissions were finalised against the advertisement dated 13-6-1996, the respondents issued fresh advertisement and it was stated that 25 per cent seats allotted to D. H. S. for in-service candidates were not to be calculated from the number of seats allotted to junior residents and that had led to increase in the number of Post Graduate registration. Therefore, a revised roster was prepared for January 1996 batch after pooling the previous and newly available P. G. Registrations of the Government Medical College, Aurangabad and S. R. T. R. Medical College, Ambajogai. It is thus clear that for the January-1996 batch the advertisement issued in the month of July-1996 was the final advertisement in supersession of the earlier two advertisements. As per this advertisement in all 42 seats were reserved for degree course at the Government Medical College at Aurangabad as well as S. R. T. R. Medical College at Aurangabad as well as S. R. T. R. Medical College, Ambajogai and 20 seats were reserved for diploma courses. For the admission to Post Graduation in M. S. Surgery at S. R. T. R. Medical College at Ambajogai there were in all two seats and one seat was for open category candidate and the other seat was for O. B. C. Category candidate, whereas for the P. G. (E. N. T.) Course there was only one seat at S. R. T. R. Medical College at Ambajogai and that lone seat was reserved for an S. C. Category candidate. Admittedly, the petitioners application was considered by the respondents for admission to M. S. (E. N. T.) at S. R. T. R. Medical College at Ambajogai against the lone seat for S. C. Category candidate and he was granted admission to the said Course which he joined on 27th September, 1996.