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2004 Supreme(SC) 197

R.C.LAHOTI, ASHOK BHAN
SHIVANANDAM VIVEKANAND BABU – Appellant
Versus
State Of Maharashtra – Respondent


ORDER

1. Leave granted.

2. Pravara Institute of Research and Education in Natural and Social Science, Loni, Ahmed Nagar, Respondent 3 herein, is a college affiliated with University of Pune, Respondent 2. Shivanandam Vivekanand Babu and Kumari Maheshvary Patel, the two appellants before us, sought for admission in MBA course of study conducted by Respondent 3. The appellants are residents of the State of Andhra Pradesh and the State of Gujarat respectively. Undisputedly, they belong to the reserved category as notified respectively for the States to which they belong. The appellants do not belong to anyreserved category as notified for the State of Maharashtra. The eligibility qualification is that the candidate must have secured marks above 50 per cent if belonging to the general category and marks above 45 per cent if belonging to the reserved category in the qualifying examination i.e. at graduation. Both the appellants had secured marks above 45 per cent but less than 50 per cent in graduation. Each one of the two appellants stated the marks secured by 9 him/her in the application for admission. The College granted them the admissions.

3. The advertisement issued by the College
















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