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G. S. KULKARNI, FIRDOSH P. POONIWALLA
Kailash Kashinathrao Pawar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(G.S. Kulkarni, J.)
1. A short question which arises for consideration in the present proceedings is whether the right of an in-service candidate to pursue a post graduation in medicine, can be taken away by denying a 'no objection', merely for the reason of pendency of a departmental enquiry.
2. This Petition, under Article 226 of the Constitution of India, has prayed for the following substantive relief.
3. The petitioner is a qualified doctor having an MBBS degree. He is in the service of the Government of Maharashtra as a Medical Officer, since 12th May 2015
The right to education is a fundamental right under Article 21 of the Constitution, and cannot be denied based on the pendency of departmental or criminal proceedings against an in-service candidate.
The right to education during ongoing disciplinary proceedings cannot be denied; the 2017 Resolution permits higher studies irrespective of a candidate's suspension status.
An undertrial or a juvenile in conflict with the law does not have any Fundamental Right or Statutory Right to higher education abroad. However, the right to travel abroad, although a valuable and ba....
Imposing mandatory rural service for admission to postgraduate medical courses is arbitrary, creates unjustified reservations, and infringes the rights of qualified non-in-service candidates.
Benefits obtained through false claims of caste cannot be protected, as it undermines the rights of genuine candidates.
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