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1988 Supreme(Bom) 346

S.M.DAUD
Vijay Krishnarao Kedare – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - DAUD S.M., J.:---This petition is to obtain petitioner's appointment as a Registrar in Obstetrics and Gynaecology after quashing that made in favour of respondent No. 3.

2. Grant Medical College and the J.J. Group of Hospitals are State run institutions. Rules have been framed to regulate the appointment of Registrars attached to Government Medical Colleges in the State. These Rules provide for reservation in favour of the weaker sections categorised into 4 sections viz. Scheduled Castes, Scheduled Tribes, Vimukta Jati and Nomadic Tribes and Other Backward Classes. The balance goes to the open category. The sections aforementioned have a minimum and maximum in terms of percentages. For the SCs and the VJNTs the percentages range from 13 to 16 and 4 to 5, respectively. For the current term commencing from 1 July 1988 the total number of vacancies in the posts of Registrar came to 47. In terms of seats the percentages for the above two categories come to 6:8 and 2:2 respectively. In keeping with the rules the allocation was made. In the subject of Obstetrics and Gynaecology, there were only two vacancies. One was kept in the open category and the other allocated to the ST s







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