{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4367 OF 2009 Anand Vinay Karnawat (minor) u/g father Vinay Tilokchand Karnawar PETITIONER VERSUS The State of Maharashtra and Another RESPONDENTS ....... Mr.P.G.Deshmukh h/f Mr.H.A.Joshi for petitioner Mr.V.B.Ghatge, AGP for respondent State ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 2nd September 2009 PER COURT: 1. This is a petition, under Article 226 of the Constitution of India, by which the petitioner has prayed for issuance of a writ of certiorari for quashing and setting aside the number of seats for students from hilly area, pursuant to the Rule 1.7.1. 2. The only point which is urged before us by Mr.Deshmukh, learned counsel for the petitioner is that, as per the aforesaid Rule i.e. Rule 1.7.1., 3 % reservation is provided for the candidates hailing from hill areas. Rule 1.7.1. reads thus- “1.7.1 Seat Distribution for Hilly Area (HA) Three percent of the total available seats in Government and {2} Corporation Medical Colleges are reserved for HA candidates. These seats will be distributed under 30% State level, 70% Regional level along with constitutional reservation and female reservation as mentioned in 1.4.2, 1.4.3, 1.5.1 and 1.6, respectively. 3. On the basis of the aforesaid rule, it is urged before us that the total seats available at GSMC, Mumbai are 153 and 3% thereof would come to 4.59 and the respondents, therefore, were in error in allotting only 4 seats for candidates from hilly areas and the seats, that ought to have been alloted would be 5, by rounding 4.59 to 5. 4. On notice being issued to respondents, the respondents have filed their affidavit in reply and in the affidavit in reply at para 6, it is contended thus- “6. I say and submit that, 3% of the seats available to State Quota are reserved for Hilly Area candidates i.e. 3% of 1738 seats means 52.14 seats. Therefore total 52 seats are distributed in 18 Government and Corporation medical colleges. These seats are distributed under 30% State Level, 70% regional level along with constitutional reservation and female reservation (Rule NO.1.7.1 of Information Brochure of Preference Form filing). This is as per the directive of Hon’ble High Court in Writ Petition No.4032/2003, Bench at Aurangabad” 5. The submission of the learned counsel for the petitioner therefore, is that allotment of seats to the other institutes namely GMC, Nanded wherein 1.26 seats would be available while the seats allotted is 2 and also in respect of SRTRMC, Ambajogai, the seats available would be 1.2 seats while it is rounded up to 2. Thus, according to learned counsel for the petitioner the entire exercise of allotting the seats is arbitrary. 6. Perusal of rule 1.7.1. indicates that 3% of the total available seats in the Government and Corporation Medical Colleges would be {3} reserved for candidates from hilly areas. The aforesaid rule does not contemplate reservation to the extent of 3% of the seats in the individual institutes / colleges. Pursuant to the said rule, it is apparent to us that total 1738 seats were available and 3% comes to 52.14 seats and accordingly 52 seats came to be distributed in 18 government and corporation medical colleges. In that light of the matter therefore, according to us, the percentage of seats in the GSMC college at 4.59 arrived at by the petitioner is wholly incorrect. The total reservation is catered to and upon perusal of the chart which is submitted by the petitioner at page 51, which is part of Exhibits E and F collectively, does not disclose any arbitrariness in the allotment of the seats. In that light of the matter, therefore, we see no merit in the petition and the petition is, therefore, summarily dismissed with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp4367-09