T.V.NALAWADE, SUNIL K.KOTWAL
Tejaswini – Appellant
Versus
State of Maharashtra. Through its Secretary, Medical Education & Drugs Department – Respondent
T.V. Nalawade, J.
1. Rule in both the petitions. Rule made returnable forthwith. By consent heard both the sides for final disposal.
2. The petitioner from the first proceeding had appeared for Asso-CET 2012 for seeking admission in private medical college from Maharashtra State for MBBS course. She secured 153 marks out of 200 marks and she was from open category. She could not get admission in "Common Admission Process" (CAP) round. After CAP round, seats remained vacant in almost all medical colleges running MBBS course. There were vacant seats in the college run by respondent management also. First time in the letter dated 15-9-2012 Pravesh Niyantran Samiti (in short, PNS) gave permission to private colleges to fill vacant seats as per the time schedule given by PNS with the letter. It is the case of the petitioner that the said procedure was not followed by respondent management and before the last date fixed for completion of the process and publishing the list, the respondent management completed its process and published the list on 20-9-2012. It is the case of
Abhyudya Sanstha vs. Union of India and others) decided on 12-5-2011 [reported as (2011) 6 SCC 145)]
Faiza Choudhary v. State of Jammu & Kashmir (2012) 10 SCC 149.
Islamic Academy of Education v. State of Karnataka (2003) 6 SCC 697.
Mridul Dhar v. Union of India (2005) 2 SCC 65.
Priya Gupta v. State of Chhattisgarh (2012) 7 SCC 433; and
Ravindra Kumar Rai vs. State of Maharashtra (1998) 3 SCC 183.
Rajan Purohit v. Rajasthan University of Health Sciences
State of Kerala v. T.P. Roshana (1981) 4 SCC 512
T.M.A. Pai Foundation and Others v. State of Karnataka and Others
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