- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6241/2010 Kalyani d/o Rajendra Wani, age 17 yrs., occu.student, r/o Anupan Apartment, Flat No.2, Shastri Nagar, Ramanand Road, Jalgaon. ...Petitioner.. Versus The State of Maharashtra & the Director, Directorate of Medical Education & Research, Mumbai. ...Respondents... ..... Shri G.R. Ingole, Advocate h/f Shri A.G. Talhar, Advocate for petitioner. Smt.A.V. Gondhalekar, AGP for respondent nos.1 & 2. ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATE: 30.07.2010 - 2 - PER COURT: By this petition, the petitioner, who claims to be belonging to OBC category, seeks issuance of writ of mandamus to consider his claim from OBC category instead of considering the same from open category for admission to MBBS course. The petitioner, it appears that, had submitted the application form, but did not claim the reservation of belonging to OBC category. The petitioner had in fact marked that she was an open category candidate. It appears that the petitioner, who had secured 159 marks in the entrance examination, could not get admission to MBBS course as a candidate belonging to open category on account of paucity of marks. The petitioner now claims that she is a candidate belonging to OBC category and, therefore, is entitled to be considered from the OBC category candidates. On notice of this petition being issued to respondents, they have filed affidavit in reply and in the affidavit in reply, it is stated that the rules contemplate that a candidate, who claims the Constitutional reservation, should have claimed so in the original application and would not be permitted to make a claim subsequently. The petitioner undisputedly did not claim the reservation when she had filled in the form. In fact, the petitioner claimed to be belonging to open category. As stated by us above, the petitioner could not be granted admission on account of less marks. The affidavit in reply on behalf of the respondents further discloses that a merit list of the candidates has been drawn as per the marks and the last date for - 3 - joining the college was 29.7.2010, which is already over. In that light of the matter, therefore, according to us, no case for interference is made out and this petition, which is devoid of any merits, is summarily dismissed with no order as to costs. (N.D. Deshpande, J.) (P.V. Hardas, J.) ndk/c3071027