Full Judgment Text
2014:BHC-AS:21538-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8384 OF 2014
Fareed Ahmed s/o Imran Ali Khan .... Petitioner
vs
1 The State of Maharashtra and
5 ors. .... Respondents
Mr.Shrihari Aney, Senior Advocate with Mr. Rasheed Haque
and Mr. Kiran Mohite and Ms. Ishita Bhagat I/by Mr. Kiran
Mohite, for the petitioner.
Ms. S.S. Bhende, AGP for respondents/State.
CORAM: ANOOP V. MOHTA AND
F. M. REIS, JJ.
DATE : September 24, 2014
ORAL JUDGMENT (Per Anoop V. Mohta, J.):
The Petitioner, being Muslim and belongs to Special
Backward CategoryA Category, invoked Article 226 of the
Constitution of India, for alleged nonimplementation of
Government Resolution dated 19 July, 2014 issued by the
Majorities Development Department of Respondent No.3, the
Competent Authority carving out 5% reserved for Special Backward
(A).
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2 By filing the present Petition on 14 September 2014
prayed to direct to make available 5% seats as per the Resolution
for granting admission to Health Sciences course for academic
session 201415 in the State of Maharashtra.
3 Respondents 1, 3 and 6 filed its affidavit on 22
September 2014 apart from merit averred as under :
“5 I also submit that the fourth selection list
for drop out seats for MBBS and BDS Courses is
declared on 19.9.2014 and all the seats for MBBS
course at Government College has been allotted to
eligible candidates in this round. The last date of
joining for drop out round is 23.09.2014.
6 I say that in Clause 7 of the Government
Resolution dated 19.7.2014 it is clarified that for
implementation of reservation policy in Government,
Private Aided and Unaided Medical Colleges Medical
Education and Drugs Department has to issue
separate directions. Accordingly, Medical Education
and Drugs Department, issued a Government
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Resolution dated 8.8.2014 wherein it is clarified that
provisions of Government Ordinance dated 9.7.2014
should be strictly complied with. Hereto annexed
and marked as Exhibit 2 is copy of the Government
Resolution dated 8.8.2014.
In view of provision 18 (2) from Government
Ordinance dated 9.7.2014, Petitioner is not entitled
for any reliefs claimed in the petition for the
admission process of MHCET 2014 and the petition
may be disposed of.”
4 In view of Maharashtra Ordinance NO.XIV of 2014 dated
9 July 2014 i.e. An Ordinance to provide for reservation of seats for
admission in educational institutions in the State and of
appointments or posts in the public services under the State to the
Special Backward CategoryA (SBCA) in the State of Maharashtra
for their advancement and for matters connected therewith or
incidental thereto and in particular clause 18(2), the learned senior
counsel appearing for the Petitioner, on instructions, makes
statement that they are not pressing this Writ Petition as prayers
are for 1st Year MBBS Course for Academic Session 20142014 in
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any Government Medical College in State of Maharashtra.
5 In view of above, we are disposing of the present Petition
with liberty. No costs.
(F. M. REIS, J.) (ANOOP V. MOHTA, J.)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8384 OF 2014
Fareed Ahmed s/o Imran Ali Khan .... Petitioner
vs
1 The State of Maharashtra and
5 ors. .... Respondents
Mr.Shrihari Aney, Senior Advocate with Mr. Rasheed Haque
and Mr. Kiran Mohite and Ms. Ishita Bhagat I/by Mr. Kiran
Mohite, for the petitioner.
Ms. S.S. Bhende, AGP for respondents/State.
CORAM: ANOOP V. MOHTA AND
F. M. REIS, JJ.
DATE : September 24, 2014
ORAL JUDGMENT (Per Anoop V. Mohta, J.):
The Petitioner, being Muslim and belongs to Special
Backward CategoryA Category, invoked Article 226 of the
Constitution of India, for alleged nonimplementation of
Government Resolution dated 19 July, 2014 issued by the
Majorities Development Department of Respondent No.3, the
Competent Authority carving out 5% reserved for Special Backward
(A).
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2 By filing the present Petition on 14 September 2014
prayed to direct to make available 5% seats as per the Resolution
for granting admission to Health Sciences course for academic
session 201415 in the State of Maharashtra.
3 Respondents 1, 3 and 6 filed its affidavit on 22
September 2014 apart from merit averred as under :
“5 I also submit that the fourth selection list
for drop out seats for MBBS and BDS Courses is
declared on 19.9.2014 and all the seats for MBBS
course at Government College has been allotted to
eligible candidates in this round. The last date of
joining for drop out round is 23.09.2014.
6 I say that in Clause 7 of the Government
Resolution dated 19.7.2014 it is clarified that for
implementation of reservation policy in Government,
Private Aided and Unaided Medical Colleges Medical
Education and Drugs Department has to issue
separate directions. Accordingly, Medical Education
and Drugs Department, issued a Government
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Resolution dated 8.8.2014 wherein it is clarified that
provisions of Government Ordinance dated 9.7.2014
should be strictly complied with. Hereto annexed
and marked as Exhibit 2 is copy of the Government
Resolution dated 8.8.2014.
In view of provision 18 (2) from Government
Ordinance dated 9.7.2014, Petitioner is not entitled
for any reliefs claimed in the petition for the
admission process of MHCET 2014 and the petition
may be disposed of.”
4 In view of Maharashtra Ordinance NO.XIV of 2014 dated
9 July 2014 i.e. An Ordinance to provide for reservation of seats for
admission in educational institutions in the State and of
appointments or posts in the public services under the State to the
Special Backward CategoryA (SBCA) in the State of Maharashtra
for their advancement and for matters connected therewith or
incidental thereto and in particular clause 18(2), the learned senior
counsel appearing for the Petitioner, on instructions, makes
statement that they are not pressing this Writ Petition as prayers
are for 1st Year MBBS Course for Academic Session 20142014 in
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any Government Medical College in State of Maharashtra.
5 In view of above, we are disposing of the present Petition
with liberty. No costs.
(F. M. REIS, J.) (ANOOP V. MOHTA, J.)
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