Case Note & Summary
The petitioner, Suraj Ajay Deshmukh, through his natural guardian Dr. Ajay Deshmukh, filed a writ petition in the Bombay High Court seeking a direction to the Director of Medical Education and Research, Maharashtra State, to include his name in the list of students claiming Hilly Area Reservation for admission to medical courses. The petitioner had submitted an online application on 25 March 2015, wherein in Column No.11 (I wish to claim reservation(s) under...) and in item 15 MHCET Details (I want to claim reservation under...), he had specifically mentioned 'None'. Despite his father's letter dated 8 June 2015 claiming that the petitioner resided in Satara which falls under Hilly Area Reservation, the petitioner submitted a signed application form on 19 June 2015 again mentioning 'None' against the reservation column. The petitioner relied on an order dated 17 June 2015 in PIL No.15407 of 2015 where the Court permitted 5 students from Melghat to correct mistakes in their online forms. The Court held that the petitioner's case was distinguishable as the students in the PIL were from a tribal area with inadequate medical facilities and the mistake was genuine, whereas the petitioner had deliberately not claimed reservation. The Court dismissed the petition, holding that the petitioner cannot be permitted to claim reservation after the last date of application.
Headnote
A) Medical Admissions - Hilly Area Reservation - Claim after deadline - Petitioner did not claim reservation in online application or signed form, but sought to claim it after last date - Court held that reservation claim must be made at the time of application and cannot be permitted after the deadline - Petition dismissed (Paras 2-5).
Issue of Consideration
Whether a candidate who did not claim Hilly Area Reservation in the online application form can be permitted to claim such reservation after the last date of submission of application.
Final Decision
Petition dismissed. No order as to costs.
Law Points
- Reservation claim must be made at time of application
- cannot be claimed after deadline
- mistake in application cannot be corrected after last date
- no estoppel against statute
- no relaxation of rules for individual candidate
Case Details
2015 LawText (BOM) (06) 53
WRIT PETITION NO.5615 OF 2015
MOHIT S. SHAH, C.J., A.K. MENON, J.
Mr. Sandeep M. Phatak for the Petitioner, Mr. V.B. Thadani, AGP for the Respondents
Suraj Ajay Deshmukh, through the natural guardian Dr. Ajay Deshmukh
State of Maharashtra and anr.
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Nature of Litigation
Writ petition seeking mandamus to include petitioner's name in list of students claiming Hilly Area Reservation for medical admission.
Remedy Sought
Direction to respondent No.2 Director of Medical Education and Research to include petitioner's name in the list of students claiming Hilly Area Reservation.
Filing Reason
Petitioner did not claim Hilly Area Reservation in online application or signed form, but later sought to claim it after last date.
Previous Decisions
Order dated 17 June 2015 in PIL NO.15407 of 2015 permitted 5 students from Melghat to correct mistake in online application form.
Issues
Whether a candidate who did not claim Hilly Area Reservation in the online application form can be permitted to claim such reservation after the last date of submission of application.
Submissions/Arguments
Petitioner argued that he resides in Satara which falls under Hilly Area Reservation and relied on order in PIL No.15407 of 2015 where court permitted correction of mistake.
Respondent argued that petitioner deliberately mentioned 'None' in reservation column and cannot be allowed to change after deadline.
Ratio Decidendi
A candidate who deliberately does not claim reservation in the application form cannot be permitted to claim it after the last date of submission, as rules of admission must be strictly followed.
Judgment Excerpts
The application form submitted by the petitioner on line as far as back on 25 March 2015 (ExhibitB). There was a specific column being Column No.11 I wish to claim reservation(s) under..... The petitioner had specifically mentioned in the said column 'None'.
The submission is misconceived. Perusal of the order dated 17 June 2015 itself would indicate that a social worker had reported that in Melghat region it is known that the large number of tribals in this area do not get adequate medical facilities as Doctors are not willing to go that area.
Procedural History
Petition filed on 21 June 2015. Rule issued and heard by consent on 25 June 2015. Petition dismissed.
