ORDER

1. THE PETITIONER PARTICIPATED IN THE COMMON ENTRANCE TEST CALLED ASSOCET 2004 HELD ON 30-5-2004 FOR ADMISSION TO MBBS COURSE TO THE COLLEGES MAINTAINED BY RESPONDENT 2 ASSOCIATION. HE OBTAINED 134 MARKS IN THE SAID TEST. HE APPLIED FOR ADMISSION TO A FEW COLLEGES INCLUDING NDMVP SAMAJS MEDICAL COLLEGE, RESPONDENT 5 HEREIN, FOR ADMISSION OUT OF "OUTSIDE MAHARASHTRA QUOTA CATEGORY". THE APPLICATION OF THE PETITIONER WAS ALSO FORWARDED TO RESPONDENT 5 BY RESPONDENT 4 SAMITI/COMMITTEE, IN TERMS OF THE LETTER DATED 23-9-2004. IT IS NOT IN DISPUTE THAT THE PETITIONERS APPLICATION WAS RECEIVED BY RESPONDENT 5 COLLEGE ON 24-9-2004. ACCORDING TO THE PETITIONER, HE HAD, IN FACT, SENT THE APPLICATION BY SPEED POST THROUGH THE POST OFFICE OF THE DEPARTMENT OF POSTS ON 23-8-2004. ACCORDING TO THE REPORT OF THE POST OFFICE, ON RESPONDENT 5 REFUSING TO TAKE THE DELIVERY, THE POSTAL ARTICLE WAS SENT BACK. IT IS THEREAFTER THAT THE PETITIONERS APPLICATION WAS SENT TO RESPONDENT 5 THROUGH RESPONDENT 4. COMMITTEE/SAMITI WHICH WAS APPROACHED BY THE PETITIONER. THE STAND OF RESPONDENT 5 IS THAT IT IS MAKING ENQUIRIES FROM THE POSTAL AUTHORITIES. WE ARE SURPRISED AT THIS STAND TAKEN BY RESPONDENT