- 1 - freshashodate.5022 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO. 5022 OF 2011 Mr. (Dr.) Ashok Vithal Date .. Petitioner Resident of 58/2,Bhimashankar Colony, Warale, Talegaon Staton, Taluka Maval, District Pune vs 1. The State of Maharashtra through the Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai-32 2. Directorate of Medical Education and Research Department, Government Dental College & Hospital, Compound, Near CST, Mumbai-400 001. 3. Maharashtra University of Health Science, Nasik. .. Respondents Mr. V.M.Thorat i.b. Mr. M.A.Patil for petitioner Mr. V.D.Patil Government Pleader for Respondents CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J DATE: 5 July, 2011 ORAL JUDGMENT (Per Chief Justice) - 2 - freshashodate.5022 1. The grievance of the petitioner belonging to a scheduled tribe in this petition is that the petitioner has been denied admission to Medical post graduate course in the Maharashtra University for Health Science on account of the lack of pragmatic approach of the respondent-authorities. 2. The petitioner appeared at the common entrance test for admission to th e medical post graduate course in the State of Maharashtra and also at All India CET examination. Initially, the petitioner did not take admission in the post graduate medical College in Maharashtra and therefore the petitioner secured admission for the medical post graduate course in Madurai Medical College, Madurai from All India quota seat in MS (Opthalmology) on 23 June 2011. The Dean, Madurai Medical College accordingly issued certificate dated 24 June 2011 at Exhibit B to the petition indicating that the petitioner had secured admission to the above course in Madurai Medical College, Madurai on 23 June 2011 and that the original certificates of the petitioner such as MBBS Degree certificate, MBBS Medical Registration Certificate, CRRI Certificate, Final year MBBS Mark sheet etc. were produced before the Madurai Medical College and those original documents were taken in the safe custody of the office of the Dean, Madurai Medical College. 3. When the petitioner's case came up for consideration in the second round of counselling in the State of Maharashtra the petitioner appeared before the competent authority on 29 June 2011, - 3 - freshashodate.5022 as per his merit the petitioner was entitled to get admission to the post graduate medical seat in Maharashtra in the discipline of MS (Surgery). However, when the petitioner was called upon to submit the original documents as required for admission process, the petitioner showed the aforesaid certificate dated 24 June 2011 indicating that all the original certificates of the petitioner were in the safe custody of the office of the Dean, Madurai Medical College and as the petitioner had secured admission for All India seat in the State of Tamil Nadu, he cannot produce the originals. However, the competent authority did not consider the petitioner's case on the ground that the petitioner was not in a position to submit all the original certificates. 30 June 2011 was the last date for admission to the post graduate medical courses. 4. The petitioner has now approached this Court by way of this petition for a direction to the respondents to consider the petitioner's case for post graduate medical course for academic year 2011-2012 by re-counselling the admission process. 5. Since 30 June 2011 was the last date for granting admission to the post graduate medical courses in the country as stipulated by the Apex court it is not possible for us to grant any relief to the petitioner, in the facts and circumstances of this case. However, we find considerable substance in the submissions of Mr.Thorat learned counsel for the petitioner based on the notification dated 14 March 2011 inviting applications for admission to the post graduate medical courses for the academic year 2011-2012. - 4 - freshashodate.5022 6. Clause No.7 of the information brochure for preference forms for post graduate medical admission (PGM-CET 2011) issued by the Directorate of Medical Education and Research reads thus: 7. Verification of Documents : Candidates will be called by State Merit List number. They should submit scrutiny form with a set of attested photocopies and show the originals. The documents will be verified by scrutiny officer & eligibility will be endorsed on the scrutiny form. Candidates should not submit original documents. 7. Mr. Patil, learned Government Pleader however submits that the aforesaid conditions/clauses are applicable at the time of submitting preference forms and not in the last round of counselling. Mr. Patil further submits that a student who agrees to produce certificates from other college where he has secured admission may not ultimately produce the original certificates. It is only when original certificates are produced that the students are required to pay fees. Hence, if a student who does not produce the original certificates even after the cut of date, the seat would be wasted and the college will also not get fees for that particular seat. 8. In the notification dated 14 March 2011 inviting applications for admission to post graduate medical courses for the academic year 2011-2012 following instructions were given : - 5 - freshashodate.5022 “Candidates should bring following documents/certificates: (1) Original certificates and a set of attested photocopies as per brochure stated in PGM-CET-2011 information brochure. 2) Candidate who has already taken admission elsewhere through AIEE 2011/other PG admission process should bring the selection letter issued by DGHS/Admission Authority and a certificate from the Head of the Institution mentioning the list of Original certificates retained by the Institute. Candidate will have to submit attested photocopies of all the documents.” Condition No. 2 quoted herein above clearly proceeds on the footing that since the students have to apply to several other medical colleges for admission in the initial stage they may have to take admission to such courses in the colleges wherever admission were available but there is no guarantee even in the last round of counselling that they will get admission to a particular college. The system adopted by the respondent no. 2 itself is therefore, quite rational and there was no justification to depart therefrom at the time of last round of counselling. 9. By order dated 8 April 2011 in Writ Petition (Lodging) No. 683 of 2011 we had given directions to the authorities to follow above condition No.2 and to grant admission to the students on the basis of the undertaking to produce the original certificates after getting them back form the college where the petitioner had secured admission. - 6 - freshashodate.5022 10. As regards the apprehension that a student may not ultimately produce the original certificates and that may result in wastage of one seat, such apprehension may be taken care of by requiring a student who is not in a position to produce the original certificates (because such certificates are in the custody of another college where the student has secured admission) by paying the entire fees for that particular academic year on the spot. 11. Since the Scrutiny officer while accepting the scrutiny forms verifies the attested photocopies by comparing with the original certificates and even an endorsement is made on the scrutiny forms as indicated in clause 7 of the information brochure, there is all the more reason why the respondent-authorities should rely on such verification and act upon the attested photocopies of the original certificates when the student is ready to pay fees for that academic year. 12. Hence, while not granting any relief to the present petitioner, we dispose of this petition with a direction to the respondent- authorities to adopt the above formulae as contained in condition no.2 of the notification dated 14 March 2011 (quoted in para 8 hereinabove) and in clause no.7 of the information brochure for preference forms for medical post graduate admission (PGM- CET-2011) ( quoted in para 6 hereinabove) of the Directorate of Medical Education and Research subject to further condition that the student who is not in a position to produce the original - 7 - freshashodate.5022 certificates (because original certificates are in the custody of another college in which a student has secured admission), may be required to pay the entire fees for that particular academic year on spot. Petition is accordingly disposed of in terms of above directions. A copy of this order shall be circulated to all the post graduate medical colleges in the State. CHIEF JUSTICE GIRISH GODBOLE, J