SUWARNA D/O BABURAO DANGORE Vs. JOINT DIRECTOR (DENTAL) OF MEDICAL EDUCATION AND RESEARCH, BOMBAY AND OTHERS

JUDGEMENT

(1.) THE petitioner who is a candidate for the post of Clinical Assistant in the Government Dental College, Nagpur, i.e. the respondent No. 2, has challenged in this writ petition the selection of the respondent No. 3 in O.B.C. category for appointment to the said post.

(2.) THE facts are that the petitioner passed Higher Secondary School Certificate Examination in 1984. The petitioner made an application for the course in the Bachelor of Dental Surgery (for short "BDS") in the academic session 1984 -85. She was admitted to the said course on 15 -1 1985 in the OBC category being Mali by caste. She obtained the Bachelor's Degree in the B.D.S. course on 31 -5 -1989. The respondent No. 3 was likewise admitted to the BDS course and obtained the said Degree on 31 -5 -1989. However, although the respondent No. 3 was OBC being Teli by caste he got admission in the open category.

(3.) IT is urged on behalf of the petitioner that since the respondent No. 3 was selected in an open category in his admission to the BDS course it was not open to him to compete in the category of OBC in appointment to the post of Clinical Assistants.