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2012 Supreme(Bom) 1202

R.D.DHANUKA, D.Y.CHANDRACHUD
Vaishali Dilip Pawar – Appellant
Versus
Director of Medical Education and Research, (CET Cell) – Respondent


Advocate Appeared:
For the Petitioners:Anil Anturkar with Sugandh B. Deshmukh, Advocates.
For the Respondents: V.S. Gokhale, AGP.

Judgment :

D.Y. Chandrachud, J.

Rule, made returnable forthwith. Learned AGP for the Respondents waives service. By consent, the Petition is taken up for hearing and final disposal.

2. The Petitioners are all employed with the Government of Maharashtra and are Medical Officers working in Government Hospitals. The dispute in the present case relates to the in-service quota for postgraduate degree and diploma courses. The Petitioners have sought a direction to the effect that the Respondents should declare 25% of the total number of postgraduate medical seats inclusive of degree and diploma seats as being available for in service candidates without excluding (i) seats reserved for all India medical students; (ii) seats for clinical subjects.

3. The State Government issued a Government Resolution on 22 February 1996 which adverts to the position that students who have completed their medical courses show an unwillingness to join government service. In view of this and in order to provide an incentive to candidates to join government service, the government had considered a proposal for increasing the extent of the reservation provided for in service candidates under a Government Resolu







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