INDUR VARUN SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri A. H. Kasliwal, learned Counsel for the petitioner, Shri S. B. Bhapkar learned A. G. P. for respondent No. 1 and Shri R. N. Dhorde, learned Counsel for the respondent No. 2.

(2.) RULE. By consent of the learned Counsel for the parties, Rule made returnable forthwith.

(3.) THE petitioner has approached to this Court under Article 226 of the Constitution of India being aggrieved by the act of the respondent No. 2 Maharashtra University of Health Sciences refusing the admission to the petitioner for the first Year M. B. B. S. course as per its letter dated 17-7-1999. The petitioner has passed XIIth standard examination conducted by the Maharashtra State Board of Secondary and Higher Secondary Education, Latur Divisional Board, held in the month of March, 1999 and has been declared successful with 59. 17 per cent marks with the P. C. B. group and English. The petitioner has also appeared in Common Entrance Examination Test 1999 conducted by the respondent No. 2 and has obtained 98. 75 per cent marks in P. C. B. group. The petitioner belongs to reserved category and the caste certificate issued by the Sub Divisional Officer is dated 6-1-1998 stating that the petitioner belongs to Mannervarlu Schedule Tribe. The petitioner stated that his father is resident and domiciled in the State of Maharashtra and the petitioner has produced a certificate issued by the Degloor College, Degloor stating that the father of the petitioner is a teacher in Physics at Degloor College since 1988 under the Reserved category of Schedule Tribe. The petitioner has also produced on record, apart from the Nationality Certificate, Domicile certificate dated 19-7-1995 wherein it is stated that his father is residing at Degloor, District Nanded and is therefore domiciled in the State of Maharashtra. However, it is stated in the said certificate that the authorities have issued the certificate valid only for the admission to the Medical College. The petitioner was also called for counselling as per the admission rules of the respondent No. 2. However, he was not given admission to M. B. B. S. course, instead a letter dated 17-7-1999 was issued to him keeping him as stand-by. Therefore, the petition.