SANGITA KAMLAKAR VYAVAHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the respective parties. The respondents Nos. 1 to 18 have raised a preliminary issue regarding admissibility of this petition and that point is being considered as to whether the writ petition be entertained or not.

(2.) THE petitioner has challenged the enrolment given to the respondent No. 18 for the 1997 January Batch for M. S. (Opthalmology) in Government Medical College, Aurangabad. The challenge is based on the ground that while giving this admission mala fide practice was there on the part of the authorities who gave admission. Firstly, when the seat became vacant in June, 1998, no action was taken to fill in the seat till 17th December, 1998. It is further contended that the respondent No. 18 is the son of the respondent No. 14 and the respondent No. 14 participated in the committee meeting which considered the question of admission for M. S. (Opthalmology) course for January, 1997 Batch. It is contended that not only the action is with mala fide but, it is also void ab-initio. The order ought to have been considered for admission to that course instead of the respondent No. 18.

(3.) VARIOUS arguments are advanced by both sides regarding merits of these contentions raised by the petitioner and the reply given by the respondents No. 1 to 17 to those contentions. However, basically the fact remains whether this writ petition for admission to M. S. (Opthalmology) course for January, 1997 batch is maintainable or not. The learned Counsel for the respondents No. 1 to 18 have placed reliance on the provisions of section 66 of the Maharashtra University Act, 1994 which reads :---The Tribunal or Tribunals constituted under sub-section (1) of section 58 for every University shall also be the Tribunal or Tribunals for any such University for adjudication of all the disputes relating to admissions to affiliated colleges or recognised institutions of such University. Such Tribunal or Tribunals shall adjudicate admission disputes as provided hereinafter. "