DNYANESHWAR DEVIDAS PUNSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) Rule. Rule made returnable forthwith by consent of the parties. Mr.Naik, AGP waives notice for State. Mr.Thorat waives notice for Respondent No. 4. As short question is involved, Petition is taken up for hearing forthwith by consent.

(3.) By this Writ Petition under Article 226 of the Constitution of India, the Petitioner prays for quashing and setting aside the selection list published by the Respondent No. 2 on 15th April, 2009 to the extent of admission given to the Respondent No. 4 in place of the Petitioner herein against the NT-2 category seat in the subject of Prosthodontics. The Petitioner further prays for direction that the Notification No. 6/Revised Preference/2-A dated 08.04.2009 issued by the Respondent No. 2 was restricted to physically handicapped category and would not govern the NT-2 category. The Petitioner has asked for further relief of issuing direction to give one seat to the Petitioner in the college of Respondent No. 3 instead of allotment of that seat to Respondent No. 4, since the Petitioner was second in the State Merit list and the Respondent No. 4, who was higher in the State Merit list was disqualified on 24th March, 2009 for not submitting the original non-Creamy layer Certificate within specified time.