July 12, 2012 4:22:06 am
The Bombay HC on Wednesday ruled that candidates appearing for a Common Entrance Test cannot seek admission under a reserved category at a later stage if they have filed their application under the open category.
The court was hearing a petition filed by one Rutuja Wankhade from Kalyan who belongs to the Scheduled Tribe (ST) category. In March,when the state government announced the date of CET for the MBBS course and issued brochures,Wankhedes application for a caste validity certificate was pending before the Caste Scrutiny Committee (CSC) in Thane,her petition in the court stated. She was not sure if she would be issued a caste validity certificate before filling the form… she contended.
The CSC issued a caste validity certificate to Wankhede on July 6,after which she approached the Directorate of Medical Education and Research for admission under the ST category. Since the DMER could offer no help to Wankhede,she approched the HC. Dismissing her petition,Justices D Y Chandrachud and R D Dhanuka observed that the claim as a reserved category candidate cannot be made subsequently since these rules are put in place to streamline the process of admission and operate uniformly with respect to all candidates,including those belonging to the reserved category.
The court said the government authorities were justified in taking the view that the relevant rules prohibit Wankhedes claim for subsequent accommodation under the reserved category. The petitioner appeared for CET as an open category candidate and her claim will have to be considered on that basis, it held.
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