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Judgment
B.H. Marlapalle, J.—Heard Mr. Saboo, learned Counsel for the petitioner.
Rule.
Mrs. Dangre, learned A. G. P. waives service for respondents 1 to 3 and Mr. Quazi, learned Counsel waives service for respondent No. 4.
Affidavit-in-reply has been filed on behalf of respondents 1 to 3 and so also additional affidavit. Hence, by consent of all the parties, the petition is taken up for final hearing and heard finally.
The petitioner substantially raises grievance regarding denial of admission to the first year of M.B.B.S. Course against Hilly Area quota seat available in 70% Regional Quota while contending that the admissions in H.A. Quota of 70% Regional Merit List are illegal. The petitioner passed her H.S.C. Examination (12th standard) held in March-2008 from the Maharashtra State Secondary and Higher Secondary Education Board, Amravati Division, Amravati and she had appeared for MHT-CET- 2008 Examination. She has secured 142 out of 200 marks in the PCB Group and in the State Merit List she stood at Sr. No. 4713 whereas in the Regional Merit List at Sr. No. 889. In the category of Specified Reservation Merit List, she is at Sr. No. 256. She is a resident of Hilly Area and, therefore, entitled to claim admission against the seat reserved for such an area in the first year of M.B.B.S. Course.
The Government of Maharashtra published the information brochure for MHT-CET 2008 Examination and also the Rules governing the admission to different courses in Health Sciences. Rule 1 of the Admission Rules deals with the distribution of seats in the Medical Colleges run by the Government, Government Aided and Municipal Corporation Colleges. As per Rule 1.1 of the Admission Rules, Selection to various Health Science Courses at these colleges shall be subject to permission/approval/affiliation from the Government of India, respective Central Council (MCI/DCI/CCIM/CCH/INC etc.), Government of Maharashtra and Maharashtra University of Health Sciences at Nashik. The ''intake capacity'' at a particular college shall be the minimum number of seats'' permitted by the above said authorities. So far as the seats available in the M.B.B.S. Course are concerned, the chart of these seats is at Page 18-B to the brochure. The total seats available for the M.B.B.S. Course in these colleges run by the Government, Government Aided Colleges and Corporation run colleges in different regions are as under:
The State of Maharashtra is thus divided in three different regions, namely,
(a) Rest of Maharashtra (ROM)
(b) Vidarbha, and
(c) Marathwada
As per Rule 1.2 of the Admission Rules, a specified number of seats for admission to the Medical Colleges (15 seats) have been kept at the disposal of the Government of India and as per Rule 1.3 of the Admission Rules, 15% of the intake capacity quota is reserved for the All India Entrance Examination. Admittedly, by excluding these seats reserved under Rules 1.2 and 1.3, the total seats available through out the State of Maharashtra for admission to the M.B.B.S Course come to 1738. Rule 1.4 of the Admission Rules deals with distribution of these remaining seats available at the disposal of the Competent Authority and they are distributed in two different categories i. e. State Merit List and Regional Merit List. As per Rule 1.4.2 of the Admission Rules, 30% of the seats available at the disposal of the Competent Authority will go to the State Merit List and remaining 70% will go to the Regional Quota under Rule 1.4.3. Rule 1.5 of the Admission Rules deals with the Distribution of Constitutional & Specified Reservation Seats. In the category of specified reservation seats, there are reservations for children of Defence personnel, Maharashtra-Karnataka disputed border area residents and Physically Handicapped. Rule 1.5.1 of the Admission Rules, deals with the Reservation for Hilly Area (HA). 3% seats of the total seats at the disposal of the Competent Authority i. e. 1738 for the academic year 2008-09 are reserved for the candidates for the Hilly Area and admittedly the Hilly Area Quota comes to 52 seats for the current academic year. The petitioner is a female candidate and raises grievance regarding denial of admission under the Hilly Area Quota under the 70% Regional Quota available to the Vidarbha region and, therefore, we are required to deal with the Rules for Reservation for Female Candidates and Seats Distribution for Hilly Area i. e. Rules 1.6 and 1.7.1 of the Admission Rules which read as under:
1.6 RESERVATION FOR FEMALE CNADIDATES:
30% seats at the disposal of the Competent Authority shall be reserved for female candidates in all the courses. This reservation shall be for all the categories like SC, ST, VJ, NT-1, NT-2, NT-3, OBC, Common, HA & DEF. 30% female reservation shall be provided in 30% State seats & 70% regional seats of that category. If requisite number of female candidates are not available then these seats shall be offered to male candidates of that category.
1.7.1 SEAT DISTRIBUTION FOR HILLYS AREA (HA)''
Three percent of the total available seats in Government and Corporation Medical Colleges are reserved for HA candidates. These seats will be distributed under 30% State level, 70% Regional level along with constitutional reservation and female reservation as mentioned in 1.4.2, 1.4.3, 1.5.1 and 1.6 respectively.
Under Rule 1.7.1 of the Admission Rules, out of the 52 seats available for the Hilly Area students, 30% would go to the State Merit List and remaining 70% would go to the Regional Merit List. The State Merit List means a candidate from any part of the Maharashtra State has the right to compete for seeking admission in any of the Government/Government Aided/Corporations run Medical Colleges in the State of Maharashtra; whereas the Regional Merit list is available for the students who have passed their H.S.C. examination from a particular regional board and against the seats available in the Medical Colleges in that region. For example the students who have passed H.S.C. from the Amravati Division Board and Nagpur Division Board will be entitled to seek admission in 70% Regional quota in the four medical colleges located in the Vidarbha Region namely Government Medical College, Nagpur, Indira Gandhi Medical College, Nagpur, Shri V.N. Government Medical College, Yavatmal and Government Medical College, Akola. The students from the Marathwada region or rest of Maharashtra region are not eligible to compete for admission to the regional quota of 70% available in these medical colleges, unless Rule 1.5.1 (a) to (h) operates in certain specified cases.
The petitioner contends that she was eligible for being admitted to the Hilly Area Regional Quota in any of the four medical colleges in Vidarbha Region and more so, she claims that she was first in the merit amongst the women candidates in the Vidarbha Region for the Hilly Area and though she is from the open category, she ought to have been considered for admission against the seats available for the female candidates in the 70% Regional Quota of Hilly Area, out of total quota of 52 seats for the Hilly Area Category. The petitioner further contends that her claim is strictly based on the Rules and denial of admission against the Hilly Area reservation is contrary to the Rules. On 21.7.2008, she had submitted her appeal to the Appeal Committee challenging the admissions granted in the H.A. category in general and more particularly denial of admission to her in the 70% Regional Merit List of H.A. category applicable to the Vidarbha Region. She submitted a reminder on 23.7.2008 but did not receive any reply and hence she has filed this petition on 30.7.2008, when the admission process was in progress.
Affidavit-in-reply has been filed on behalf of respondent No. 2 along with an additional affidavit in reply and the claim of the petitioner has been opposed. It is contended on behalf of respondent No. 2 that the admission to the Hilly Area seats have been made strictly as per the Admission Rules and distribution for the open category as well as constitutional reservation for the Hilly Area Quota have been strictly followed against 30% State Merit List as well as 70% Regional Merit List. The learned A. G. P. has placed before us the tabular statement of the admissions made against the Hilly Area Quota for 52 seats, both in 30% State Merit List as well as 70% Regional Merit List.
It is obvious from the said statement that out of the total 52 seats of the Hilly Area, 21 seats have been allotted against 30% State Merit List and 31 seats have been allotted against 70% Regional Merit List. The following tree diagram No. 1, reflects these admissions on the basis of the tabular statement submitted by the learned A.G.P. reflects as under:
M is for Male
F is for Female
R is for Reservation
O is for Open Merit
Undoubtedly, the following deficiencies, which are in breach of the Admission Rules, are noticed in the allocation of these 52 seats.
(a) Seats for 30% State Merit Quota would be 16 and not 21, whereas the seats against 70% Regional Merit Quota will be 36 and not 31. Thus five seats in excess have been granted to the State Merit Quota and consequently 5 seats are robbed from the Regional Merit Quota.
(b) Out of 21 seats against 30% State Quota 6 seats have been allotted to the female candidates and 15 seats have been allotted to the male candidates.
(c) Amongst the male candidates quota 9 seats have been filled by the constitutional reservation category and only 6 seats have been allotted to the open category and out of the total 21 seats, 12 seats have gone to the reserved category whereas only 9 seats have been gone to the open category.
(d) The Rule that the constitutional reservations shall not exceed 50% has thus been violated.
(e) The allotment of the seats to the female candidates and distribution in the reserved quote and in the open quota for Vidarbha and rest of Maharashtra region is also in breach of the Admission Rules. Out of 31 seats in the Regional Merit quota, the region wise distribution admittedly has been 6 seats for the Marathwada region, 9 seats for the Vidarbha region and 16 seats for the rest of Maharashtra region.
(f) There are no deficiencies so far as the six seats allotted to the Marathwada region are concerned.
(g) From the 9 seats allotted to the Vidarbha region, all the 9 seats are allotted to the male candidates and there is no female candidate admitted against these seats.
(h) Even out of 9 seats allotted to the male candidates, 6 seats have gone to the reserved category and 3 seats have gone to the open category candidates in the Vidarbha regional quota and thus exceeding 50% reservation mandate.
(i) Even out of 16 seats for the rest of Maharashtra Region Quota, 6 seats have been allotted to female candidates and 10 seats have been allotted to male candidates. This itself is erroneous. Only 5 seats ought to have gone to female candidates and remaining 11 seats to the male candidates.
(j) Even out of six seats allotted to the female candidates, only two have gone to the reserver category female candidates remaining have gone to the open category candidates.
(k) From the 10 seats of this category allotted to the male candidates only 3 seats have been allotted to the reserved category and remaining seven to the open category.
The illegalities narrated in the foregoing paragraphs are apparent on the face of the record and no explanation offered in the affidavits can be considered. The admissions so granted in the H.A. category are, therefore, vitiated and they can not be allowed to continue.
The correct picture of these admissions, which was liable to be observed by strictly following the admission rules, even on the basis of the distribution of 21 and 31 seats ought to be as under:
M is for Male
F is for Female
R is for Reservation
O is for Open Merit
As noted earlier, from 52 seats available for the Hilly Area Quota, 16 seats ought to have gone for 30% State Quota and remaining 36 seats ought to have gone to the 70% Regional Quota which cannot be disputed and with this distribution in the State and Regional Quota the allotment of seats to the male and female candidates and also open and reserve category, the tree diagram would be as under:
M is for Male
F is for Female
R is for Reservation
O is for Open Merit.
The petitioner claims admission against the seat available for the female candidates under 70% Regional Merit list quota in the Vidarbha Region Medical Colleges for which there ought to have been 11 seats from 36 seats of the 70% Regional quota of the entire State of Maharashtra. Similarly, the Marathwada Region will have 7 seats and the Rest of the Maharashtra 18 seats out of the 36 seats available in the 70% regional merit list.
Out of 11 seats available in the Vidarbha Region, 3 seats ought to have gone to the female candidates and remaining 8 seats to the male candidates. As of now, there is no female candidate admitted against 11 seats made available in the open seat from the Hilly Area from Vidarbha Region Quota in spite that rule for reservation for female ought to have been followed scrupulously.
We have noted that in the allocation of 30% and 70% quota seats, there has been illegal distribution of the seats as shown in the tree diagrams. The Regional Merit list quota is a guarantee to the students who pass their H.S.C. examination from the concerned regions in the State of Maharashtra, as per the admission rules. One regional merit list quota can not be filled in by admitting any students from any of the other two regions unless it is a case made out under Rule 1.5.1 (a) to (h).
We are informed by the learned A. G. P. that as per the order passed by the Apex Court in Writ Petition (Civil) No. 413 of 2008 the last date for admission was extended up to 10.10.2008 i. e. till today and admissions have been finalised. The arguments in this petition were concluded on 8.10.2008. We were informed that the provisional admission against two seats in 70% quota in the Government Medical College at Akola though announced, one of the candidates concerned had not paid his fees and therefore, we had orally called upon the authorities to maintain status quo.
In the instant petition, we are aware that none of the candidates, who have been admitted, have been impleaded as respondents and, therefore, the relief in this petition would certainly be limited to merely a declaration and, of course, a direction that the petitioner''s case will have to be considered against the quota available for the female students for the Vidarbha Region under 70% regional merit list out of total 11 seats (3 seats for female and 8 for male students). As we have recorded that the admission process for all 52 seats available for the Hilly area quota has been in breach of the Admission Rules framed for the current academic year and thus illegal, we have no alternative but to declare that the said admissions are contrary to the Rules and, therefore, the admission process as regards filling of seats from Hilly area is void ab initio. So far as the petitioner is concerned, she has been denied her right for being considered for admission under the Hilly Area Quota available in the Medical Colleges in Vidarbha Region and no female candidate has been admitted either in the reserved category or open category against the said quota of Hilly area as of now, which is an admitted fact.
In the premises, this petition succeeds partly. We hold that the admissions for 52 seats available in the hilly area quota through out the State of Maharashtra as made by the respondents 1 to 3 are contrary to the Rules and hence, illegal and void ab initio.
The Competent Authority shall take appropriate steps to ensure that the Rules are complied with and allocation of 52 seats for quota of the hilly area for the current academic year is redone in strict conformity of the Admission Rules and as has been indicated in the tree diagram-III. While doing so, the Competent Authority shall hear the students who are admitted and are likely to be affected.
So far as the relief to the petitioner is concerned, Rule is made absolute in terms of prayer Clause iv (a).
These directions shall be implemented by the Competent Authority as expeditiously as possible and preferably within two weeks from today. Operative part of the order, duly authenticated by the Court Sheristdar be provided to the parties. Certified copy of the order be provided to all the parties on priority basis.