GORAKHANTH BALU SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, who belongs to Hindu Dhangar Caste which is recognized as NT2 category, was admitted to B. D. S. course at M. A. Rangoonwala Dental College, Pune in the said category in the year 2003. Thereafter, the petitioner passed his final year B. D. S. examination in the year 2007 and in accordance with the Rules, also completed his one year compulsory internship. The petitioner thus satisfied all the eligibility criteria prescribed for taking the entrance examination CET for admission to Post Graduate Dental course. This examination was held on 25th January 2009, the petitioner scored 79 marks out of 100 marks and was declared successful and placed at Sr. No. 39 in the State merit list and at Sr. No. 1 in NT2 category. Respondent No. 2 had published the information brochure for the purpose of admission to Dental Post Graduate course. As per the terms and conditions of the brochure, the preference form was to be filled on 24th March 2009. It is the case of the petitioner that his brother-in-law was hospitalized and unfortunately he died on 27th March 2009. The candidates claiming the benefit of NT1, NT2, NT3 and OBC were required to produce the Non-creamy layer certificate valid upto 31st March 2009 on or before 24th March 2009, the date for filling up of the preference form. The petitioner had earlier obtained the Noncreamy layer certificate which was valid upto 31st March 2003. The respondent No. 2 informed the petitioner that the same would not be taken into consideration by the respondents as the said certificate was required to be valid upto 31st March 2009. Thereafter, the petitioner, through his brother, made an application and was issued the certificate by the Sub-Divisional Officer Madha, Kurduwadi, Solapur on 26th March 2009. In view of these facts, the petitioner could not fill up the preference form and attend Counselling on 24th March 2009. However, subsequently he approached respondent No. 2 for submission of the said certificate and consequential Counselling and allotment of seat to the petitioner. This request was not accepted by the respondents thus resulting in filing of the present Writ petition.

(2.) WE had with the consent of the learned Counsel appearing for the petitioner and the learned Assistant Government Pleader appearing for the respondents taken up the matter for final disposal at the admission stage itself. The respondents did not file any counter but argued the matter on merits.

(3.) THE Government of Maharashtra, Department of Medical Education and Drugs Department had published the information brouchre and application form for admission to the Dental Post Graduate courses (MDS) which was available to all concerned much prior to the filling up of the preference form and Counselling. In this brochure, it was stated that the preference for filling up the preference form and Counselling would be in the third week of March 2009 and select list would be published thereafter. Whatever subsequent matter was to be notified, it was stated that the same would be duly notified. Clause 5 of Annexure "c", which deals with Constitutional reservation for allocation of seats, provides that the candidate should have claimed the Constitutional reservation in the original application form, the candidate claiming such reservation submitting the original caste validity certificate at the time of Counselling for filling preference form was a must failing which the category claimed would not be granted. Clauses 5 and 6 read as under :