V ANTO Vs. UNION OF INDIA

JUDGEMENT

(1.) The respondents waive service. By consent of the parties, taken up for hearing forthwith.

(2.) In this petition filed under Article 226 of the Constitution of India, the petitioner has prayed that the respondents be directed to consider the candidature of the petitioner for admission to the MBBS Degree course under Other Backward Class Category (for short, "the OBC") quota in the ensuing academic year in the Armed Forces Medical College, Pune [for short, "AFMC, (Pune)"].

(3.) The petitioner claims to belong to the OBC. On 17/1/2008, the petitioner applied for Entrance Examination for the admission to the MBBS Degree course in the General Category. He appeared for the written test for the Entrance Examination on 4/5/2008. On 17/5/2008, he sent a letter to respondent 2 i.e. the Director & Commandant, Officer-in-charge, Admission Cell, AFMC, Pune, requesting him that his candidature may be considered under the OBC reservation quota for admission to the MBBS Degree course. Since, the petitioner did not receive any reply, on 2/6/2008, he made an application under the Right to Information Act, 2005 (for short, "the RTI Act") asking respondent 2 to furnish necessary information to him. The petitioner had also made an application dated 19/6/2008 to the Officer-in-charge under the RTI Act under the Ministry of Personnel and Training asking for specific information as to whether 27% reservation to the OBC students for admission in the MBBS Degree course during the year 2008 is applicable to the AFMC, Pune. According to the petitioner, the Under Secretary to the Government of India, Ministry of Personnel & Training vide his letter dated 3/7/2008 advised him to approach the Ministry of Human Resource Development (for short, "the HRD Ministry").