1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3256/2010 Ku. Switi Rambhau Mundhare, Aged about 18 years, Occu: Student. Through natural guardian Roshan Rambhau Mundhare, age 25 years, R/o: Neri, Tah.Chimur, Distt. Chandrapur. ...Petitioner VERSUS 1. State of Maharashtra, through its Secretary, Department of Health Mantralaya, Mumbai 32. 2. Government of Maharashtra. Directorate of Medical Education and Research, Mumbai. 3. The Counselling Authority, Government Medical College, Nagpur. 4. Committee for Scrutiny & Tribe Claims, through its Chairman, Committee for Scheduled Tribe Class, Complex Area, Gadchiroli. ..Respondents. .... Mr. G.G.Bade with Mr. P.P.Dhok, Advocates for petitioner. Mr. Jichkar, AGP for respondents 1 to 3. Mr. N.W.Sambre,Adv. For respondent no.4. ..... CORAM : S.A.BOBDE & MRS. MRIDULA BHATKAR, JJ DATE : 28.09.2010 2 ORAL JUDGMENT (PER S.A.BOBDE, J) Heard the learned counsel for the parties. 2. Rule. Heard forthwith by consent. 3. The petitioner has challenged non consideration of his preference form for admission to M.B.B.S. Course by the respondent no.3 on the ground that it is not accompanied by caste validity certificate. The petitioner has also challenged the rule which provides that preference form must be accompanied by caste validity certificate. Mr. Jichkar, learned AGP , however, points out that the petitioner is not eligible for being considered because he has obtained less than 40% marks i.e. 80 out 200 in Physics, Chemistry and Biology taking together. This requirement is contained in clause 4.9 of the Brochure and is not disputed. In these circumstances, even if the petitioner's preference form was to be considered, the petitioner would not be entitled to be admitted. Hence, the petition is liable to be rejected. The petition is rejected. Rule discharged. JUDGE JUDGE patle