ALKA ARUN PAGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the respective parties. Civil Application No. 455/98 for intervention is allowed. Rule. With the consent of the parties, Rule made returnable forthwith.

(2.) THE petitioner has passed H. S. C. examination and scored 60 % marks. In response to the advertisement published by the respondent Nos. 4 and 5 on 13/6/98 for admissions to the first year Diploma in Education Course, the petitioner submitted her application for being considered for admission against a seat reserved in the management quota. The said advertisement further stated that the candidates seeking admissions should have secured minimum 40 per cent marks in the 12th Std. and should belong to the Christian religion. It further stated that along with the admission form, a zerox copy of the marks memo of 12th Std. , and a copy of School Leaving Certificate should be annexed. The petitioner states that she had complied with the requirements as stated in the advertisement and she belongs to Christian Religion. However, her claim for admission against the management quota has not been considered, in as much as in the merit list displayed by the respondent No. 4 and 5 for admission to the first year D. Ed. Course in Arts faculty, the name of the petitioner does not appear in the 14 students provisionally selected and there are five students whose names appear in the provisional list have scored less than 60 per cent marks. The petitioner claims that she ought to have been shown in the merit list published below the name of the one Shalini David Jadhav for Arts faculty. The petitioner has therefore, approached this Court seeking the relief in respect of directions against the respondent Nos. 4 and 5 to admit her in the First Year of Diploma in Education Course and quash and set aside the selection of other students who are less meritorious than the petitioner.

(3.) THE respondent Nos. 4 and 5 have appeared and resisted the claim of the petitioner on the ground that the petitioner does not belong to Christian Religion and the School Leaving Certificate stated that the petitioner belong to Hindu-Mahar religion. This certificate was issued on 12/6/1998 and the contents therein are not denied by the petitioner. The answering respondents have further stated that the petitioner had taken benefits as applicable to the Scheduled Caste category till she passed 12th Std. and she has changed her religion at the time of submission of the admission form to the answering respondents solely for the purpose of seeking admissions against the management quota. The respondents, therefore, claimed that the petitioner did not belong to the Christian Religion and she has embraced Christianity only on or after 18/6/98 with the sole purpose of seeking admission in the respondent No. 5 College against the management quota and the petitioner, therefore cannot invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.