* 1 * W.P. 6595.2011 17.8.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6595 OF 2011 Snehal Vinayak Misal ..... Petitioner V/S. The State of Maharashtra & Ors. ..... Respondents * * * * Mr. Machindra patil and Mr. Vijay Garad, Advocate for the petitioner. Mr. S.K. Shinde, `A’ Panel Counsel for the respondent­State. CORAM :­ Mohit S. Shah (Chief Justice) & Smt. R.P. SondurBaldota, J. DATED :­ 17th August, 2011. P.C. :­ 1. Rule. Mr. Shinde waives service of notice on behalf of the respondents. 2. In this petition under Article 227 of the Constitution of India, the petitioner has challenged the Rules for Admission to Direct Second Year of Four Year Degree Course in Engineering/Technology for the year * 2 * W.P. 6595.2011 17.8.2011 2011­12 on the ground that the Rules do not provide for 30% reservation for women for admission to the Direct Second Year. Reliance is placed on the Government Resolution dated 17th April, 2000 at Exhibit­ B to the petition which provides that the Government of Maharashtra directs that all the Universities in the State and all the Colleges affiliated to the Universities in the State imparting instructions in graduate and post­graduate courses shall provide 30% reservation for woman candidates for admission to these courses. It is further submitted that this Resolution is implemented, in so far as Government of Maharashtra Rules for Admission to First Year of Four Year Full time Degree Courses in Engineering and Technology Institutions (Exhibit­B to the petition) are concerned. 3. It is however submitted that similar provision is not made under the Rules for Admission to Direct Second Year of the Four Year Degree Courses in Engineering/Technology for the year 2011­12 (Ex­C to the petition). The learned counsel for the petitioner, has submitted that admissions to post­graduate courses would include admission to direct Second Year of Four Year Degree Courses in Engineering/Technology as well and, therefore, the impugned rules are arbitrary, insofar as, the general policy decision of the State Government as incorporated in the Resolution dated 17th April, 2000 is not implemented in the Rules for * 3 * W.P. 6595.2011 17.8.2011 Admission to Direct Second Year of Four Year Degree Courses in Engineering/Technology. 4. Mr. Shinde, learned Government Pleader appearing for the respondent­authorities submits that, the Government Resolution dated 17th April, 2000 would apply for admission to the First Year of the Degree Courses in Engineering/Technology but not for the second year. 5. In reply to a query from the Court, the learned Government Pleader states that if there are 100 seats in the First Year of Degree Course in Engineering/Technology, in the Second Year there will be additional 20 seats to which direct admission will be granted to those who have completed Diploma course in Engineering/Technology on the basis of the merits in the Diploma examination. The result would be that in the Second Year of Degree Courses in Engineering/Technology there will be 100 + 20 = 120 seats. In response to a further query from the Court, the learned Government Pleader admits that for these additional 20 seats, reservation is provided for backward classes as per the prescribed percentage and therefore out of 20 seats for direct Second Year admission, 10 seats will be for general candidates and 10 for backward class candidates. 6. Since reservation provided for women candidates in Government Resolution dated 17th April, 2000 is by way of horizontal reservation, * 4 * W.P. 6595.2011 17.8.2011 we see no reason why the policy of reservation incorporated in the said Resolution dated 17th April, 2000 should not apply by way of horizontal reservation for women in the direct Second Year seats also. The learned Government Pleader submitted that since the percentage of reservation for categories like Scheduled Tribes is only 7%, Vimukta Jati/De­Notified Tribe is 0.36% and for other Nomadic Tribes the reservation is to the extent of 0.30, 0.42 and 0.24%, it will be difficult to apply 30% reservation for women to each of the backward classes. As the reservation for the Nomadic Tribes and Scheduled Tribes is to a very small percentage, that would not mean that no reservation would be provided to women belonging to such backward classes. Such a situation can always be overcome by preparing a roster. 7. In view of the above discussion, we allow this petition. The respondents are directed to implement the Government Resolution dated 17th April, 2000 by applying the same in the course of implementation of the Rules for admission to direct Second Year of Four Year Degree Courses in Engineering/Technology for the year 2011­12 at Exhibit­C to the petition, in the light of the observations made above, Rule is made absolute. [SMT. R.P. SONDURBALDOTA, J] [CHIEF JUSTICE]