SHIVAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) RULE, returnable forthwith by consent of the parties.

(3.) THE petitioner is seeking admission to D. Ed. Course and is claiming admission in a reserved quota for the Hilly area candidates, which is 20% of the total admissions. However, the claim of the petitioner was not considered on the ground that the petitioner has not passed S. S. C. examination from Hilly area i. e. petitioners own village Nimtok, taluka Kalamnuri, district Hingoli. Petitioner has passed S. S. C. examination from village Wapati, taluka Basmathnagar, district Parbhani which is not included in Hilly area. It is the case of the petitioner that at Nimtok there was no secondary school and, therefore, petitioner had to shift for education purpose to Wapati, taluka Basmathinagar and the petitioner has completed S. S. C. from that school. The respondents have accepted that at Nimtok there is no secondary school wherefrom the petitioner could have completed education up to S. S. C. It is also admitted by the respondents that Nimtok is from hilly area. In these circumstances, it is improper to insist for compliance of Rule 6 and thereby to reject or refuse the admission to the petitioner. This Court has already taken a view in Writ Petition No. 3607 of 1999 in respect of the students coming from hilly area who could not complete their S. S. C. education from hilly area but, who belong to hilly area and, has directed the authorities to consider their claims as the candidates or the students from hilly area, if they are otherwise found fit for admission.