ASN 1 WP-6686.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6686 OF 2011 Miss. Ayushee Ashwin Tripathy since minor through her father Aswin Kumar Tripathy. ..Petitioner. Vs. Union Territory of Daman and Diu and ors. ..Respondents. Mrs. Smita Mane for Petitioner. Mr.G.S.Kulkarni a/w S.S.Deshmukh and Swati Deshmukh for Respondent Nos. 1,2,4 and 5. Mrs. Teja Katdar for Respondent No.3. CORAM : MOHIT S. SHAH, C. J. AND SMT. ROSHAN DALVI, J. 09 September 2011 PC: The petitioner herein prays for admission to medical college on the seat reserved for student residing in Daman. The petitioner has also challenged the admission granted to Shri. Aakash M. Rana on the ground that respondent Nos. 1 and 2 and 4 have acted illegally considering the fact that respondent No.3 is a resident of Daman. 2 According to the petitioner, respondent No.3 is residing at Vapi in Gujrat District and that respondent No.3 has procured incorrect certificate for securing admission to medical seat reserved for Daman seat. ASN 2 WP-6686.sxw 3 Affidavit is filed by Director of Education, Daman and Diu pointing out certain rules and submitted that admission has been granted on the basis of the documents produced and the affidavit filed by the mother of respondent No.3 to the effect that respondent No.3 is a resident of Daman. The relevant rules reads as under:- “[2.1] The allotment of reserved seats will be made to the following categories. (i) (A) The Parents of candidate should have permanent residence in the U.T. Of Daman & Diu (i. e. Continuously for last 12 years) whose children/wards should have studied continuously for atleast 05 years in any of the recognised High Secondary/High Schools of this UT immediately preceding the stage of passing the qualifying Examination. (B) The children/wards of permanent residents of the U T of Daman & Diu who have studied continuously for atleast 3 years in any of the Higher Secondary/High Schools of this UT immediately preceding the stage of passing the qualifying Examination shall be considered with 5% deduction in the marks obtained in PCM/PCB/SSCE as the case may be (for purpose of ascertaining relative merit). Note:- “Permanent Residents” mean those Parents and (in case Father or Mother is not alive) Guardians of the candidates who are staying continuously in this Union Territory for a period of 12 years. The Residents Certificate of Grand Father/Grand Mother/Uncle/Aunty is not considered as Parents Certificate. ASN 3 WP-6686.sxw a) The Mamlatdar, Daman/Diu will issue the necessary Permanent Residence Certificate of Parents/Guardian to this effect based on Ration Card, Parliamentary Constituency Electoral Rolls, Election Photo Identify card and other such proof supported by Affidavit to the effect strictly.” 4 Respondent No.3 had produced the ration card and the election photo identity card of the mother of respondent No.3 indicating that the mother of respondent No.3 is residing in Daman. There is also no dispute about the fact that mother of Respondent No.3 is working as Head Mistress in Education Department, District Panchayat, Daman since 25 September 1980 as per the certificate dated 14.6 2011 issued by the Asstt. Director of Education, District Panchayat, Daman & Diu, Moti Daman. 5 Since the authorities have taken the impugned decision on the basis of the relevant material, this court would not sit in appeal over the said decision on the disputed question of fact. On this short point alone, the petition deserves to be dismissed. Petition is accordingly, dismissed. CHIEF JUSTICE SMT. ROSHAN DALVI, J.