BOMBAY HIGH COURT
S. P. Kulkarni, J
Potdar V. R. (Dr.) v. State of Maharashtra and Others
| Table of Content |
|---|
| 1. initial admission processes and decisions. (Para 1 , 2 , 3) |
| 2. contested grounds for eligibility based on prior admission. (Para 4 , 5) |
| 3. court's analysis of prior cases and validity of rules. (Para 6 , 7 , 9 , 11 , 13) |
| 4. understanding rights of backward classes and related rules. (Para 8 , 10 , 12) |
| 5. court conclusion and final decision. (Para 14 , 15 , 16) |
1. The petitioner and respondent No. 4 had applied for admission to Post - Graduation Course in Medicine. The choice of the both fell on "Paediatrics" as their subject, though the petitioner in the alternative had applied for studies in "General Medicine" and "Diploma in Child Health". For the year under dispute, only two seats were available for "Paediatrics" one being earmarked for "open merit", and the other being reserved for Scheduled Caste student Respondent No. 4 belonged to "Other Backward Class", for whom no seat in Paediatrics was reserved. But the relevant rule contemplates allotment of unfilled seat of Scheduled Caste to a student belonging to any group of Backward Class up to the maximum percentage fixed thereunder for the said group. Such rules for admission to the Post - Graduation courses are fra
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