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1998 Supreme(Bom) 81

A.D.MANE, R.G.DESHPANDE
Ramesh Kumar Rajaymohan – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - A.D. MANE, J.:---The petitioner has passed his Higher Secondary Certificate Examination conducted by the Maharashtra State Secondary and Higher Secondary Board, Aurangabad Division, Aurangabad, in the month of March, 1996. The petitioner had secured 285 marks out of 300 in Medical Group. Total percentage comes to 95%. The petitioner submitted his application for admission to M.B.B.S. course to the Dean, Government Medical College and Hospital, at Aurangabad on 15-7-1996.

2.On 18-7-1996, Regional Final Merit List was displayed by the designated authority under the rules framed by the State Government, vide Government Resolution dated 6-6-1996 for admission to Medical Course for Academic Year 1996-97. The petitioner was shown at Sr. No. 180 in the said merit list. Rule 4.1.2.3.2 empowers designated authority to fill in 70% seats from amongst the candidates who have passed XII Standard Examination from the School/College situated in concerned University area, as per the Rules. Rule 6.0.2 requires the merit list to be prepared in descending order, either for the category of University or for the State.

3.On 29-9-1996, a notification was published in the local news paper inform


















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