ASN 1 WP-4843.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4843 OF 2011 Mr. Deshmukh Mohammed Turabli. ...Petitioner. Vs. The Director of Medical Education and ors. ...Respondents. Mr.P.R.Arjunwadkar i/by Makarand Panchakshari for the Petitioner. Mr. V.D.Patil, G.P. for Respondent State. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 4 July 2011 PC: What is challenged in this petition is the order dated 30 November 2010 passed by Maharashtra Administrative Tribunal rejecting the petitioner’s application for directions to the respondents for giving admission to the petitioner to Post Graduate Decree course through service quota. The application was filed before the Maharashtra Administrative Tribunal. It was for admission for the academic year 2010-2011. By now even the last date of giving the admission to the said Post Graduate Degree course for the academic year 2011-2012 has already been over. 2 The learned counsel for the petitioner submits that the petitioner was appointed as Medical Officer on ad-hoc basis in a Primary Health Centre in tribal area. He submitted that the petitioner was ASN 2 WP-4843.sxw appointed as Medical Officer in tribal area as far back as 10 years when fresh Medical students were not willing to work in tribal area. It is pointed out that the petitioner’s services were regularized in the year 2009 by virtue of Rules made under Article 309 of Constitution of India viz. The Medical Officer in the Maharashtra Medical and Health Services, Group-A. (One time Absorption of Medical Officers appointed on ad hoc basis in Maharashtra) (Special) Rules, 2009. However Rule 3(2) of the said rules indicates that ad hoc Medical officers absorbed under these rules are not eligible to be deputed for higher studies for a period of six years from the date of absorption. It is submitted that such restriction should not have been imposed for a period of six years from the date of absorption when the petitioner and other officers have put in almost 10 years of service as ad-hoc Medical officers in tribal area. It is accordingly submitted that the State Government should sympathetically consider the petitioner’s request for appropriate modification of Rule 3(2) of the above Rules of 2009 especially having regard to the fact that that petitioner and other similarly situated Medical Officers have already put in 10 years of service before absorption. 3 The learned counsel for the petitioner therefore seeks leave to withdraw this petition with liberty to make representation to the State Government to make appropriate amendment in the above Rules. Leave, as prayed for, is granted. 4 If the petitioner makes such representation as indicated above within a period of two weeks from today, the State Government ASN 3 WP-4843.sxw shall consider and decide the same as expeditiously as possible and preferably by 30 September 2011. With the above direction the petition is disposed of. 5 All the contentions on merits of the challenge are kept open. CHIEF JUSTICE GIRISH S. GODBOLE, J.