SACHIN SUBHASH SHETE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri A. Y. Pandule, learned counsel for the petitioner and Shri K. B. Chaudhari, learned AGP for respondents Nos. 1 to 4.

(2.) THE petitioner is a permanent resident of District of Beed in the State of Maharashtra. His father is working as a Conductor in the Maharashtra State Road Transport Corporation and is posted in Ahmednagar district. THE petitioner was born on 27-3-1980 at Kada in Beed District. After taking primary education at Kada, he was admitted to Jawahar Navodaya Vidyalaya at Gadhi, Tq. Georai in Beed district. He studied there for 6th, 7th and 8th standards and thereafter, under a scheme for transfer of students of Jawahar Navodaya Vidyalayas from one State to another State, presumably for promoting the national integration, petitioner was transferred to Jawahar Navodaya Vidyalaya, Multan in Madhya Pradesh. THEre he took education for 9th and 10th standards and passed his 10th standard examination from Multan school in the year 1994-95. THEreafter, petitioner again returned back to the State of Maharashtra and continued his education and passed his 12th standard examination from the Secondary and Higher Secondary Board, Aurangabad. Petitioner now seeks admission to B.A.M.S. course conducted in the respondent No.3 college.

(3.) A rule will have to be read reasonably and implemented reasonably. The purpose of the rule is to reserve some seats for professional courses in Maharashtra to the students from the State of Maharashtra and we do not find any fault with this purpose. However, it is unfortunate that while mentioning the excluded categories, due care has not been taken by the authorities. If somebody is forced to go outside Maharashtra, then his children need not be punished by excluding them from consideration for admission to the educational institutions in Maharashtra. This may be a case in respect of the Government servant who is forced to go outside Maharashtra. It may also be a case in respect of a person domiciled in the State of Maharashtra, born in Maharashtra and whose family resides in Maharashtra for a quite long time but even then because of his employment in Armed Force, he may be required to go out of Maharashtra and if his children have passed the examination outside Maharashtra, he need not be excluded from consideration.