VIJAY DATTATRAYA BHILWADIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Paranjape for the petitioner and Mrs. Gokhale, A. G. P. for the respondent-State.

(2.) BY this writ petition under Article 226 of the Constitution the petitioner has challenged the rejection of the application made by his son for admission to medical course in Bombay. The petition also seeks to challenge the provision of eligibility contained in Rule 3 enacted by the Government for the purpose of giving admission to the children of Defence Personnel in Government Medical and Dental Colleges.

(3.) THE petitioner is serving in the Indian Army holding the rank of Lieutenant Colonel. He was commissioned in the Indian Army on 12-5-1974 and was posted in State of Punjab, U. P. and Maharashtra between the years from 1974 to 1980. After the birth of his son by name Shishir in July 1980 he was posted in the State of Rajasthan, U. P. Punjab and Assam. His son had passed his S. S. C. from Punjab and thereafter did his 11th and 12th standard in Science from Maharashtra. He passed his H. S. C. examination by obtaining 92% marks in Physics, Chemistry and Maths Group and 91. 66% marks in the Group of Physics, Chemistry and Biology and about 90% marks in the aggregate. He had applied for admission to the Medical college in the prescribed form from the reserved category for children of defence personnel, Government of Maharashtra has reserved 5% seats in the Medical and Dental Course for the children of Defence Service Personnel and Ex-Defence personnel. The relevant rule framed by the Government for the purpose of the eligibility of such children is Rule 3 of Annexure C to the Rules for 1997-98 which is as follows: to be eligible for a seat in defence category the parent of such an applicant who was/is a member of the Armed Forces must be a domicile of Maharashtra State. In addition to this, applicant must have passed qualifying examination and S. S. C. examination from the recognized school/college situated in the State of Maharashtra. However this condition is not applicable to Def. 3 below. The applicant will be required to produce a Domicile Certificate in respect of his/her parent, issued by District/metropolitan Magistrate. "