JUGMEMNT

Pattanaik, J.-This Writ Petition under Article 32 of the Constitution of India raises the question whether a candidate belonging to the Scheduled Caste or any other reserved category even if is entitled to be selected for selection for admission in the open competition on the basis of his own merit yet can he be counted against the quota meant for reserved category or he will be treated as an open competition candidate ? The aforesaid question arises because of the rules for selection to MMBS and BDS course for the year 1995-96 issued by the Government of Maharashtra in the Department of Medical Education and Drugs. The petitioner admittedly belongs to the reserved category. The petitioner s case in the nutshell is that respondent Nos. 5 to 36 belonging to the reserved category though could have been admitted on the basis of marks secured in open merit, yet they were admitted as against the reserved category and as a result the petitioner was excluded from getting admission into MBSS course. There is no denial to the aforesaid assertion of fact. But the stand of the State Government as well as respondent Nos. 5 to 36 is that if the respondents are allowed to take admission