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2025 Supreme(Bom) 633

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S. Chandurkar, M.M. Sathaye, JJ
Akhilesh Kalyan Chothe – Appellant
Versus
State Of Maharashtra – Respondent


Advocate Appeared:
Ms.Pooja V. Thorat a/w Mr.Amar Bodke, Advocates for the Petitioner/ Applicant.
Mrs.Reena A. Salunkhe, AGP for the Respondent Nos.1 & 2 -State.
Mr.Sameer Khedekar a/w Ms.Bharti Gerella, Advocates for the Respondent No.3 - CET Cell.
Mr.Mayur Sosa a/w Mr.Divakar Rai, Mr.Aditya Rai & Mr.Raj Tamhankar
i/b. Mr.Ramchandra Rane, Advocates for the Respondent No.6.

Table of Content
1. petitioner seeks admission transfer (Para 1)
2. petitioner already admitted (Para 3)
3. petitioner claims reservation (Para 4)
4. dispute arises over seat allotment (Para 5)
5. petitioner's claim of injustice (Para 6)
6. petitioner seeks transfer (Para 7)
7. affidavit by state cet cell (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
8. court's view on rules (Para 16)

JUDGMENT :

1. This is NOT a case of a student who has not got an admission to MBBS course. This is a case of a student who has secured an admission in “A” government MBBS college but still insists for an admission in “B” government MBBS college, by dislodging other students.

3. The Petitioner is a student of MBBS course who has already got an admission in Government Medical College, Nagpur and is pursuing the same. The Petitioner being a permanent resident of a hilly area as notified by the State of Maharashtra, claims eligibility for reservation under the Hilly Area (HA) category. The Petitioner passed his SSC examination in the year 2022 scoring 92.2% marks. He thereafter appeared for the HSC examination in science faculty and passed the same by scoring 90.2% marks in February 2024.

5. Here begins the dispute by t

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