- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8681/2010 Dr.Balasaheb s/o Sambhaji Waghmare (Vishnupurikar), age 32 yrs., occu.Medical Practitioner (Reg.No.I-46369 A1), r/o Vishnupuri, Nanded Tq. & Dist.Nanded. ...Petitioner.. Versus 1] The State of Maharashtra, through its Secretary, Higher Education Department, Mantralaya, Mumbai-32. 2] The Registrar, Swami Ramanand Teerth Marathwada University, Nanded. Dist.Nanded. ...Respondents... ..... Shri G.R. Ingole Patil, Advocate for petitioner. Smt.A.V. Gondhalekar, AGP for respondent no.1. ..... - 2 - CORAM: B.R. GAVAI & K.U. CHANDIWAL, JJ. DATE: 24.09.2010 PER COURT : 1] Heard counsel for the petitioner and the learned AGP for the respondent no. 1. 2] The petitioner has filed the present petition challenging the alleged discrimination on the part of the respondent no.2 in having different types of examination papers. The respondent no.2 had advertised various posts including the post of Medical Officer. The prescribed qualification for the said post is either MBBS or BAMS. The petitioner being qualified i.e. possessing BAMS degree, applied for the said post and appeared for the examination. 3] According to the petitioner, it was noticed by him that for BAMS, the papers were descriptive / subjective; whereas for MBBS, the same were objective. According to the petitioner, on account of this discriminatory position, the petitioner has been put to a disadvantageous position. 4] The degree of BAMS is obtained after a student completes his education in Ayurvedic stream, whereas the degree of MBBS is obtained after a student completes his education in allopathic stream. The two streams are totally different and as such the two set of examination papers for these two streams would be - 3 - permissible under Article 14 of the Constitution of India. 5] In that view of the matter, no case is made out for interference. The petition is dismissed. (K.U. Chandiwal, J.) (B.R. Gavai, J.) ndk/c2491042