Case Note & Summary
The petitioner, Fareed Ahmed, a Muslim belonging to the Special Backward Category (A), filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. The petition sought a direction to the respondents, including the State of Maharashtra and the Competent Authority, to implement the Government Resolution dated 19 July 2014, which carved out 5% reservation for the Special Backward Category (A) in admissions to Health Sciences courses for the academic year 2014-15. The petitioner alleged non-implementation of the resolution and prayed for making available 5% seats for granting admission. The petition was filed on 14 September 2014. The respondents, in their affidavit dated 22 September 2014, stated that the fourth selection list for drop-out seats for MBBS and BDS courses was declared on 19 September 2014, and all seats for MBBS course at Government colleges had been allotted to eligible candidates. The last date for joining the drop-out round was 23 September 2014. The respondents further clarified that Clause 7 of the Government Resolution dated 19 July 2014 required the Medical Education and Drugs Department to issue separate directions for implementation of the reservation policy in medical colleges. Accordingly, the Medical Education and Drugs Department issued a Government Resolution dated 8 August 2014, clarifying that the provisions of the Government Ordinance dated 9 July 2014 should be strictly complied with. The Court, after hearing the parties, noted that the admission process for the academic year 2014-15 was already completed and all seats had been allotted. The Court observed that the petition was filed at a stage when the process had substantially concluded, and therefore, no direction could be issued at that stage. The Court dismissed the petition, holding that the relief sought was not feasible due to the lapse of time and completion of the admission process.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Lapse of Time - The petitioner sought direction to implement 5% reservation for Special Backward Category (A) in medical admissions for 2014-15. The Court held that since the admission process was completed and all seats were allotted, no direction could be issued at that stage. (Paras 1-3) B) Reservation Policy - Government Resolution - Implementation - The Government Resolution dated 19 July 2014 carving out 5% reservation for Special Backward Category (A) required separate directions from the Medical Education and Drugs Department, which issued a Government Resolution dated 8 August 2014. The Court noted that the process was already underway and the petition was filed after the process had substantially concluded. (Paras 2-3)
Issue of Consideration
Whether the petitioner is entitled to a direction for implementation of 5% reservation for Special Backward Category (A) in medical admissions for the academic year 2014-15 after the admission process has been completed.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Reservation policy implementation
- Government Resolution interpretation
- Locus standi
- Writ jurisdiction under Article 226
- Time-bound relief
