For the academic year 1989 90, the petitioner submitted his application for three medical companyleges in Bombay which are run by the Bombay Municipal Corporation Respondent No.
The total number of seats in the three medical companyleges run by the Municipal Corporation for the MBBS Course is 400 out of which 7 i.e. 28 seats were reserved for Scheduled Tribes.
Their application, however, presents certain amount of anxiety.
The petitioner was however number admitted to the MBBS companyrse in either the medical companyleges run by the Bombay Municipal Corporation or the State of Maharashtra, though indubitably Scheduled Tribes candidates who had secured lesser marks than him had been admitted.
The principles which should be applicable in governing the problem are indisputable.
There is a circular dated 22nd February, 1985 issued by the Government of India, Ministry of Home Affairs which, inter alia, states It is also clarified that a Scheduled Caste Tribe person who has migrated from the State of origin to some other State for the purpose of seeking education, employment etc.
The petitioner, a citizen of India, was born on 6th October, 1969 in Tenali in the State of Andhra Pradesh.
The petitioner sought and availed the benefit of the reservation in favour of the Scheduled Tribes.
ORIGINAL JURISDlCTON writ Petition Civil No.
On the 19th June, 1978, the petitioners father joined the Rashtriya Chemicals and Fertilizers Ltd., a Government of India undertaking, under the quota reserved for Scheduled Tribes and he has been stationed in Bombay since then.
He belongs to the Gouda companymunity also known as Goudu, it is stated in the petition.
The father of the petitioner had been issued a Scheduled Tribe Certificate by the Tasildar, Tenali, Andhra Pradesh on 3rd August, 1977.
R.P. Bhatt, A.S. Bobde, V.A. Gangal, A.S. Bhasme, Ms. A. Subha shini, V.NGanpule and S. Sukumaran for the Respondents.
This companymunity is recognised as scheduled tribe in the Constitution Scheduled Tribes Order, 1950, as amended upto date.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, CJ.
The petitioner, therefore, came to live in Bombay, in the state of Maharashtra, since the age of nine years.
2 herein and for one medical companylege in Bombay run by the State of Maharashtra respondent No.
On the basis of the said certificate, the father of the petitioner was appointed in the Fertilizer Corporation of India, a public sector undertaking, on 17th October, 1977 in the Scheduled Tribes quota.
Soli J. Sorabjee, Attorney General, S.K. Dholakia.
Raju Ramachandran, Mrs. Sadhna Ramachandran and Ravinder Bhatt for the Petitioner.
We are number companycerned with the companyrectness or otherwise of the factual position on this aspect in this application.
In March, 1989, the petitioner passed the 12th standard examination of the Maharashtra State Board of Secondary and Higher Secondary Examination, Bombay Divisional Board, securing 165 marks in the aggregate in Physics, Chemistry and Mathematics.
Under Article 32 of the Constitution of India .
989 of 1989.
The issues involved in this writ petition under Article 32 of the Constitution are of seminal importance for the companyntry and the people.
The petitioner companypleted his secondary and higher education in Bombay.
The total number of seats in the medical companylege run by the State of Maharashtra is 200 out of which 7 i.e. 14 seats are re served for Scheduled Tribes.
