SANJAY MANMAL SANGHAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition under Art. 226 of the Constitution, the petitioner seeks a direction for quashing the selection of the respondents 4 and 5 for the Post Graduate three-year Degree course in Orthopaedics and to admit him for the postgraduate three-year degree course in Orthopaedics in the Govt. Medical College, Nagpur.

(2.) THE petitioner passed M. B. B. S. examination in May 1989 securing 264 out of 400 marks in General Surgery. His internship commenced in July 1987 and was completed in June 1988. The respondent No. 2 Dean of the Govt. Medical College, Nagpur issued a notice on 16-8-1988 inviting applications for Post Graduate registration for three year Degree course and also for 2 year Diploma courses from August 1988 term, stating therein the seats available in open and reserved categories in different subjects, the reservation being 34% for all the reserved categories in pursuance of the Govt. Resolutions dated 18-6-1971 and 20-8-1983. Simultaneously a notice was also issued in respect of the two year Post Graduate Degree course for the candidates who had completed 2 House Jobs by 31st July 1988. We are in this case concerned only with the three-year course for Post-graduate degree in Orthopaedics.

(3.) IN all four seats were advertised in two notices issued on 16-8-1988 (Annexures- A and B to the petition) for two year and three year degree courses in Orthopaedics. Out of them, two seats were for M. S. (Orthopaedics), both being the open category. By an earlier notification dated 27-4-1988 for three year Postgraduate degree course, 3 seats were advertised for the M. S. in Orthopaedics, two out of which were to be for the open category and one for the other Backward class category. One seat was increased, after the notice dt. 27-4-1988 was issued, upon the representation of one Dr. Ingle, who belongs to the Scheduled Caste category. On 18-8-1988, the petitioner made a representation to the Dean, Govt. Medical College, Nagpur (Annex.- 'c' to the petition) contending that the quota of reservation had been exceeded by the inclusion of respondent No. 5 Dr. Baitule, who belongs to VJNT category and Dr. Ingle, who belongs to the Scheduled Caste category.