LAWS(BOM)-1997-4-52

NACHANE ASHIWNI SHIVRAM Vs. STATE OF MAHARASHTRA

Decided On April 25, 1997
NACHANE ASHIWNI SHIVRAM Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) A Division Bench at Bombay is not ad idem with the views expressed by similar Benches, one at Nagpur and the other at Aurangabad . The Honourable the Chief Justice has, in the circumstances, constituted the present Full Bench to resolve the difference.

(2.) THE difference relates to a vexed question relating to admissions to the medical colleges, an issue which has now, almost become an annual feature.

(3.) AFTER the above order was passed by the Aurangabad Bench, students from the Bombay University filed two writ petitions before the Bombay Bench being Writ Petition No.1531 of 1996 and 1533 of 1996 challenging the rule in regard to distribution of seats. In view of the diversion in the interim orders passed by the Bombay Bench in Writ Petition No.830 of 1995 and by the Aurangabad Bench in Writ Petition No.3260 of 1996, the matter was referred to a Full Bench. The Full Bench consisting of M. B. Shah, CJ, Patankar and Patel, JJ., considered the validity of Rule 4.1.2.1 which dealt with distribution of seats and by their orders dated 29th August, 1996 (short order) and 14th October, 1996 (detailed judgment) found that the rule was invalid. The Full bench directed that the admissions be granted on the basis of rest of the rules.