Priya Kedar Gokhale Thr Their ... vs The State Of Maharashtra Thr ...
2022 Latest Caselaw 9052 Bom

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         Digitally               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         signed by
         BASAVRAJ                      CIVIL APPELLATE JURISDICTION
BASAVRAJ GURAPPA
GURAPPA PATIL
PATIL    Date:
         2022.09.12                    WRIT PETITION NO. 8539 OF 2022
         20:44:56
         +0530



                      1. Ms. Priya Kedar Gokhale
                         Age - 17 yrs., Occupation - Student,

                      2. Master Ishaan Kedar Gokhale
                         Age - 17 yrs., Occupation - Student,

                         Both r/o. B-303, 'Sangli Apartments'
                         Copernicus marg, Opposite NGT
                         New Delhi - 110001

                         Colonel Kedar D. Gokhale
                         Aged 49 years, Occ - Service,
                         Presently posted at CE, Siliguri Zone,
                         Sevoke Road Military Station,
                         Salugara, West Bengal 734008              ..... Petitioners

                         Versus

                      1. The State of Maharashtra
                         Through Ministry of Education,
                         Government of Maharashtra,
                         Mantralaya, Mumbai.

                      2. The Commissioner & Competent Authority,
                         State Common Entrance Test Cell,
                         8th Floor, New Excelsior Building,
                         A.K. Nayak Marg, Fort,
                         Mumbai - 400001

                      3. Union of India,
                         Through Secretary, Ministry of Defence,
                         DHQ PO,
                         New Delhi 110011                          ..... Respondents

                      Dr. Abhinav Chandrachud I/b. Ms. Yogini A. Ugale for the Petitioner
                      Mr. N. C. Walimbe, AGP for Respondent No.1 - State
                      Mr. Sameer Khedekar for Respondent No.2
                      Mr. A. R. Gole a/w. Mr. Rui Rodrigues for Respondent No.3


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                       CORAM:      S.V.GANGAPURWALA &
                                   MADHAV J. JAMDAR, JJ.

              RESERVED ON          :AUGUST 29, 2022
              PRONOUNCED ON        :SEPTEMBER 12, 2022

JUDGMENT : (PER : S.V.GANGAPURWALA,J.)

1     Rule.

Rule is made returnable forthwith. By consent of the parties,

taken up for final disposal at the stage of admission.

2 The Petitioners assail eligibility criteria in the Notification

issued by Respondent No.2 to the extent that same treats the

Petitioners as outside Maharashtra candidates for admission to the

MAH-CET Examination for the 5 years integrated LLB Course. The

Petitioners further seek directions that they may be treated as

within the State candidates in category-A of the Notification.

3 The Petitioners are the wards of an Army Officer. The

Petitioners have completed 10th and 12th Examination from Army

Public School, Dhaula Kuan, New Delhi. It is the case of the

Petitioners that due to various postings of their father, the

Petitioners have been pursuing their education in the Army Public

School, Dhaula Kuan, New Delhi. They have studied in 4 th and 5th

Standard at Pune, State of Maharashtra. The Petitioners have not

passed 10th and 12th standard Examination from the recognized

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institution within the State of Maharashtra, hence, are not

considered in the 85% quota reserved for the students of the State of

Maharashtra.

4 Dr. Chandrachud, learned Advocate for the Petitioners

eruditely canvassed the following propositions :

The Petitioners are born in Maharashtra. Their parents are

also born in Maharashtra. Their parents have property in

Maharashtra. Yet, the Petitioners are not being considered from the

State of Maharashtra only because they were compelled to attend

10th and 12th standard at Delhi. The father of the Petitioners being in

the office of the Defence Forces, is deployed at various locations

throughout the country. They had passed 10 th and 12th standard at

Delhi only on account of the deployment of their father at various

locations throughout the country. The Petitioners cannot be

deprived of equal opportunity of education in their parent State only

on account of their father being an Officer in Defence Forces and

being deployed at various locations throughout the country. The

same is unreasonable. The learned Advocate submits that any

reservation based on domicile and residence is entirely a separate

infringement. It is clear departure from field of justice, fairness and

reasonableness guaranteed by the rule of law. There is no

justification to validate reservation on the basis of domicile, which is

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neither connected to the place of birth, intention to reside at a

particular place, but only limited to completion of 10th and 12th

standard within the State, especially in respect of wards of armed

forces personnel. Deprivation of seats at educational institutions of

national importance to deserving and meritorious candidates merely

because they have completed their 10th and 12th standard outside the

State creates an unjustified classification which offends Article 14 of

the Constitution of India. Eligibility criteria based on the Board

exams within the State, especially the candidates who are wards of

central Government employees, such as Armed Forces Personnel,

who are deployed throughout the country in service to the nation is

likely to deprive the candidates of CBSE Board, from pursuing the

integrated 5 years law under graduate course in Maharashtra Law

Colleges, as against the other students who have completed the said

exams within the State who shall be facilitated as much as 85%

reservations in merit to colleges within the State. Thus, the

reservation policy to this extent is discriminatory and needs to be

altered to facilitate the students from all Boards, especially the CBSE

students to be counted as candidates not from outside the State but

within the State, especially since the other criteria of domicile, in its

basic definition is satisfied by the Petitioners.

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The learned Advocate further submits that in this case, the

father of the Petitioners is serving the Nation and for that purpose

had to be deployed at various places. It would be arbitrary and

unreasonable not to consider the Petitioners from Maharashtra

State quota though they are born in Maharashtra, their parents are

born in Maharashtra, their properties are in Maharashtra. The

learned Advocate relied upon the judgment of the apex court in the

case of Meenakshi Malik Vs. Univesity of Delhi & Ors. 1 and

submits that the apex court in the said case held that the condition

that the last two years education should be received in school in

Delhi should be considered as not applicable to the students who

were compelled to leave India as their parents being posted outside

India by the Government.

He also relies on the judgment of the Division Bench of this

Court in the case of Rajiv Purshottam Wadhwa Vs. State of

Maharashtra 2 and submits that in the said case after retirement

the father of the Petitioner therein had taken employment in Dubai.

The Petitioner completed his 10th standard examination in Dubai.

The Rules prescribed that to be considered as student from

Maharashtra quota, the 10th and 12th standard examination shall be

passed in the State of Maharashtra. The apex court, in the said case

1 1989(3) SCC 112 2 2000 SCC OnLine Bom 359

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held that the condition that the students shall pass 10 th standard

from the institution within the State of Maharashtra shall not

operate to bar the student who is domiciled and/or permanent

resident of State of Maharashtra. Due to fortuitous circumstances

the students may not have passed 10 th standard from the institution

within the State of Maharashtra. According to the learned Counsel,

in the present case, it is because of the fortuitous circumstances, the

Petitioners were required to take education in 10 th and 12th standard

from outside the State of Maharashtra. Reliance is also placed on

the judgment of the Division Bench of this Court in the case of

Archana Sudhakar Mandulkar Vs. Dean, Govt. Medical College,

Nagpur and Ors. 3 The learned Counsel submits that in the said

case, the Division Bench of this Court held that the requirement of

passing Indian School Certificate Examination from an institution

located in Maharashtra State is not intended to be applied to the

candidates covered by Rule B(3). Servicemen have no control on

posting which can be anywhere, including Maharashtra. Rule of

denial of admission to a meritorious son / daughter of a serviceman

who is domicile of Maharashtra only because of a fortuitous

circumstance of his being not posted at the time of his ward studying

in 12th standard within the State of Maharashtra cannot have any

nexus to the object of the Rule. Mere chance cannot be a valid

3 1989(3) SCC 112

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disqualifying factor. Such a Rule will be arbitrary and unreasonable.

5 Mr. Khedekar, learned Advocate for Respondent No.2 lucidly

submits that the Rule is not discriminatory nor arbitrary. Such

Rules have been held to be valid. The learned Advocate relies on the

judgment of the Division Bench of this Court in case of Yellamalli

Venkatapriyanka Vs. State of Maharashtra and Anr. 4 and

submits that the Division Bench considering the judgment of the

apex court in the case of Anant Madaan and Others Vs. State of

Haryana5 had held that the preference in admission on the basis of

residence as well as institutional preference is permissible. The

Division Bench of this Court in the said case held that the Rule of

preference on the basis of domicile / requirement of residence is not

banned, provided it is within reasonable limits i.e. it does not result

in reservation of more than 85% seats in graduate courses and more

than 75% seats in post graduate courses. It had distinguished the

judgment in the case of Rajiv Purshottam Wadhwa (supra) relied

on by the Petitioner. The challenge to the Rules has been negatived

by this Court. He submits that in the said case also before the

Division Bench, the Petitioner was born in the State of Maharashtra.

She was domicile of Maharashtra. She had completed 10 th standard

from Mumbai (State of Maharashtra) and due to some reasons she

4 2018 (6) AIR 323 5 1995 AIR 955

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was sent to Kerala to pursue her 11th and 12th class studies, still this

Court held that as she had not completed 12th standard from the

institution within the State of Maharashtra, she was not eligible. In

the present case, the Petitioners have not studied 10 th and 12th

standard from the State of Maharashtra.

6 Before we proceed to appreciate the submissions of the learned

Advocates for the parties, it would be appropriate to reproduce the

relevant Rules of admission, which is as under:

"Candidature Types :

(1) Eligibility Criteria for Maharashtra State Candidature

Candidates : -

For Five Year Integrated Degree Course (LL. B-5 Yrs.):

(A) The candidates passing SSC and HSC Examination from a recognized institution in Maharashtra State or the candidates passing equivalent examination (such as 11+l, A level in Senior Secondary School Leaving Certificate Course) from a recognized Board/University of India or outside or from Secondary Board or equivalent, constituted or recognized by the Union or by a State Government, which is in Maharashtra; and

(a) Maharashtra State Candidature Type-A:

A candidate who is Domicile of Maharashtra (Candidate should have Domicile Certificate from the State of Maharashtra) or born in Maharashtra (Candidate should have a Birth Certificate mentioning the Place of Birth which is in Maharashtra).

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      Explanation:

1. If candidate has completed his/her SSC and HSC or Equivalent Qualifying Examination from the State of Maharashtra, but are not born in Maharashtra or Candidate does not Possess the Domicile Certificate from the State of Maharashtra, then such candidates are not eligible for Maharashtra State Candidature Type-A. They should fill the CET Application form as a Out Side Maharashtra State Candidature Type Candidates i.e. All India Candidature Type.

2. If candidate has completed his/her SSC & HSC or Equivalent Qualifying Examination from the State of Maharashtra, and are not born in Maharashtra but Candidate has a Domicile Certificate from the State of Maharashtra then such candidates are eligible for Maharashtra State Candidature Type-A. They should fill the CET Application form as Maharashtra State Candidature Type-A.

3. Candidates who are born in Maharashtra or Candidate having the Domicile Certificate from the State of Maharashtra but have not completed his/her SSC & HSC or Equivalent Qualifying Examination from the State of Maharashtra, then such candidates are not eligible for Maharashtra State Candidature Type-A. They should fill the CET Application form as an Out Side Maharashtra State Candidature (OMS) Type Candidates i.e. All India Candidature Type.

b. Maharashtra State Candidature Type-B: the Father or Mother of the Candidate is domiciled in the State of Maharashtra (Either father or Mother of the candidate should have a domicile certificate from the state of Maharashtra if candidate is not born in Maharashtra/ Candidate does not possess domicile certificate from the state of Maharashtra).

Explanation: -

1. If candidate has not completed his/her SSC & HSC or Equivalent Qualifying Examination from the State of Maharashtra, then such Candidates are not eligible for Maharashtra State Candidature Type-B though candidates father or Mother Possess the Domicile Certificate from the

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State of Maharashtra. They should fill the CET Application form as an Out Side Maharashtra State Candidature Type Candidates i.e. All India Candidature Type.

2. If candidate has completed SSC & HSC from the State of Maharashtra & candidate does not possess domicile certificate from the state of Maharashtra or Birth Certificate from the State of Maharashtra but Candidate's Father or Mother Possess Domicile Certificate from the state of Maharashtra, then such candidates are eligible for Maharashtra State Candidature Type-B. Such candidate should fill the CET application form as a Maharashtra State Candidature type.

c. Maharashtra State Candidature Type-C: - the Father or Mother of the Candidate is an employee of the Government of India or Government of India Undertaking who is posted and reported to duty in the Maharashtra State before the last date for submitting the Application Form for CAP, provided candidate should have completed his/her SSC & HSC from the State of Maharashtra.

Explanation:-

1. If candidate has not completed his/her SSC & HSC or Equivalent Qualifying Examination from the state of Maharashtra, then such candidates are not eligible for Maharashtra State Candidature Type-C. They should fill the CET Application form as an Out Side Maharashtra State Candidature Type Candidates i.e. All India Candidature Type.

2. If candidate has completed his/her SSC & HSC or Equivalent Qualifying Examination from the State of Maharashtra, & Candidate's Father or Mother is an employee of the Govt. of India OR Government of India Undertaking who is posted and reported to duty in the Maharashtra State before the last date for submitting the Application Form for CAP, then such Candidates are eligible for Maharashtra State Candidature Type-C. They should fill the CET Application form as a Maharashtra State Candidature Type.

d. Maharashtra State Candidature Type-D: - the Father or Mother of the Candidate is an employee of the Government of Maharashtra or Government of Maharashtra Undertaking (Provided Candidate should have completed his/her SSC &

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HSC or Equivalent qualifying examination from the State of Maharashtra).

Explanation:

1. If the Candidate has not completed his/her SSC & HSC or Equivalent qualifying examination from the State of Maharashtra, then such candidates are not eligible for Maharashtra State Candidature Type-D. They should fill the CET Application form as an Out Side Maharashtra State Candidature Type Candidates i.e. All India Candidature Type.

2. If candidate has completed his/her SSC & HSC or Equivalent Qualifying Examination from the State of Maharashtra, & Father or Mother of the Candidate is an employee ot the Government of Maharashtra or Government of Maharashtra Undertaking, then such candidates are eligible for Maharashtra State Candidature Type-D. They should fill the CET Application form as a Maharashtra State Candidature Type.

e. Maharashtra State Candidature Type-E: -

The candidates passing SSC and or HSC Examination or Equivalent Examination from a recognized institution from a disputed Maharashtra-Karnataka Border Area and whose Mother tongue is Marathi.

Explanation-

1. The candidates who have not completed SSC and HSC Examination or Equivalent Qualifying Examination from a recognized institution from a disputed Maharashtra- Karnataka Border Area and whose Mother tongue is not Marathi, such candidates come under Out Side Maharashtra State Candidature Type. They should fill the CET Application form as an Out Side Maharashtra State Candidature Type. i.e. All India Candidature Type.

(2) All India Candidature (Out Side Maharashtra State Candidature Type): - The Candidates having Indian Nationality are eligible under this Category (Candidate should have Domicile Certificate from the State where candidate belongs or Candidate should have a Birth certificate issued by

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the respective State Government). OMS [Out Side Maharashtra State] candidates i.e. All India Candidature candidates should ill their CET application form in Open Category.

Explanation:-

A) Candidates who have completed their SSC and HSC or Equivalent qualifying examination from Out Side Maharashtra State & born Out Side Maharashtra & having a birth certificate issued by the respective State Government or they possess Domicile certificate from the respective State are come under All India Candidature candidate i.e. Out Side Maharashtra State Candidature Type.

B) Candidates who have completed their SSC and HSC or Equivalent qualifying examination from Out Side Maharashtra State but Born in Maharashtra & having a birth certificate issued by the Govt of Maharashtra or they possess domicile certificate from the Govt of Maharashtra State are come under All India Candidature candidate i.e. Out Side Maharashtra State Candidature Type.

C) Candidates who have completed their SSC and HSC or Equivalent qualifying examination from the State of Maharashtra but they are not Born in Maharashtra & does not possess a birth certificate issued by the Govt of Maharashtra or they do not possess Domicile Certificate from the Govt of Maharashtra State are come under All India Candidature candidate i.e. Out Side Maharashtra State Candidature Type."

7 The amended admission rules are in force since the year 2017.

The Petitioners are desirous of seeking admission for 5 years

integrated degree course (LLB - 5 years). 85% of seats are reserved

for Maharashtra State Candidature and 15% for all over India quota.

The qualifying examination is SSC and HSC or equivalent qualifying

examination.

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8        It does not appear to be a matter of dispute that the Petitioners

are born in State of Maharashtra. The parents of the Petitioners are

born in State of Maharashtra, the parents of the Petitioners posses

the property at Pune, State of Maharashtra. The father of the

Petitioners is an Army Officer in the defence forces and is deployed

at various locations throughout the country. The Petitioners are

born in Pune on 26th August 2004. From 2003-2012 the father of

the Petitioners was posted at Jhansi, Baramulla, Meerut and

Gujarat. From 2012 he was posted at Pune. The Petitioners, as such,

studied in 4th and 5th standard in Pune. Then again in 2015, the

Petitioners' father was transferred to State of Jammu & Kashmir.

The family shifted to Delhi. Then from 2017 to 2020, the

Petitioners' father was posted in Delhi and presently he is posted in

eastern part of India. The Petitioners completed their 10 th and 12th

standard from Army School in Delhi. The aforesaid are the admitted

facts.

9 It is also to be accepted that the Petitioners had no real choice

and were compelled to study outside the State of Maharashtra for

major part of their educational career, as the father of the

Petitioners was an Army Officer. By the very nature of his service,

the Petitioners' father was required to be deployed and posted in

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various parts of India as culled out above. It is because of the

fortuitous circumstances, the Petitioners' father, at the time the

Petitioners were studying in 10th and 12th standard was not posted

within the State of Maharashtra, the Petitioners could not take

education in 10th and 12th standard from the institution within the

State of Maharashtra.

10 The Rules of admission to the Educational Institutions, such as

MBBS, Post Graduate Medical Admission have undergone challenge

in various petitions. The Rules have been held to be valid.

11 In case of Archana Sudhakar Mandulkar (supra) the

Division Bench of this Court held that the requirement of passing

Indian School Certificate Examination from an institution located in

Maharashtra State is not intended to be applied to the candidates

covered by Rule B(3). Servicemen have no control on posting which

can be anywhere, including Maharashtra. Rule of denial of

admission to a meritorious son / daughter of a serviceman who is

domicile of Maharashtra only because of a fortuitous circumstance

of his being not posted at the time of his ward studying in 12 th

standard within the State of Maharashtra cannot have any nexus to

the object of the Rule. Mere chance cannot be a valid disqualifying

factor.

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12    The apex court, in the case of Meenakshi Malik (supra)

observed that the condition that last two years' education should be

received in school in Delhi should be considered as non applicable to

the students who had to leave India as their parents being posted

outside India by the Government.

13 The Division bench of this Court in case of Rajiv Purshottam

Wadhwa (Supra) interpreted Rule 4.4 of the Rules framed by the

Maharashtra University of Health Sciences for admission to the

medical colleges in the State to mean that the students will be

eligible to the admission to the first year medical course in the State

if such student has passed 10th standard from the institution within

the State of Maharashtra. However, this will not operate a bar to

student who is domicile or is a permanent resident of State of

Maharashtra for seeking admission though he or she may not have

passed SSC examination from the institution within the State of

Maharashtra. In the said case the student had passed his 10 th

standard from Dubai and 11 th and 12th standard from the institution

in Mumbai (State of Maharashtra). The Division Bench observed

that the State Government can consider for grant of admission to the

students who are domiciled and/or permanent resident of State of

Maharashtra but due to fortuitous circumstances may not have

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passed 10th standard examination within the State. The Petitioner's

father therein joined defence services in the Indian Air Force and he

retired in June 1979. Upon retirement, the Petitioner's father took

up an employment at the Airport at Dubai. The Petitioner was born

in 1982 and completed his education till 10th standard in Dubai and

took admission to 11th standard at Kirti College, Dadar, Mumbai and

completed his 11th and 12th standard from the institution in the State

of Maharashtra.

14 Per contra, in case of Yellamalli Venkatapriyanka (supra) ,

the Division Bench considered various judgments of the apex court

and had negatived the challenge to the Rule which required 10 th and

12th standard to be passed from the Institution within the State of

Maharashtra to claim the benefit of State quota. In the said

judgment, the Court distinguished the judgment of the Division

Bench of this Court in case of Rajiv Purshottam Wadhwa (supra) .

15 The apex court in case of Dr. Tanvi Behl Vs. Shrey Goel and

Ors. 6 has referred the following issues to the larger Bench.

25. Accordingly we would propose the following questions to be examined by a larger Bench of this Court:

25.1. As to whether providing for domicile/residence-based reservation in admission to "PG medical courses" within the State quota is constitutionally invalid and is impermissible? 25.2. (a) If answer to the first question is in the negative and if

6 (2020) 13 SCC 675

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domicile/residence-based reservation in admission to "PG medical courses is permissible, what should be the extent and manner of providing such domicile/residence-based reservation for admission to "PG medical courses" within the State quota seats?

25.2. (6) Again, if domicile/residence-based reservation in admission to PG medical courses" is permissible, considering that all the admissions are to be based on the merit and rank obtained in NEET, what should be the modality of providing such domicile/residence-based reservation in relation to the State/e UT having only one medical college?

25.3. If answer to the first question is in the affirmative and if domicile/residence-based reservation in admission to "PG medical courses" is impermissible, as to how the State quota seats, other than the permissible institutional preference seats, are to be filled up?

16 The said case was with regard to the post graduate medical

admission.

17 The Petitioners are born in Maharashtra. For Maharashtra

State Candidature Type-A, two criteria are laid down viz. the

candidate is domiciled in Maharashtra or born in Maharashtra.

Explanation 3 to Rule 3.2(A)(a) further provides that the

candidates who were born in Maharashtra but have not completed

their SSC or HSC or equivalent qualifying examination from the

State of Maharashtra are not eligible for Maharashtra State

Candidature Type A. This explanation 3 to Rule 3.2(A)(a) takes

away the right of a candidate born in Maharashtra or domiciled in

Maharashtra from applying as a Maharashtra State Candidature

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Type-A if he has not completed his SSC and HSC or equivalent

qualifying examination from an institution located in the State of

Maharashtra. Whereas, under the Maharashtra State Candidature

Type-C, if father or mother of the Petitioner is an employee of the

Government of India or Government of India Undertaking who is

posted and reported to duty in Maharashtra State before the last

date of submission of form for CAP, provided the candidate should

have completed SSC and HSC can apply for Maharashtra State quota.

In that case, it is not necessary that the candidate or the father

should be domicile or born in Maharashtra.

18 Perusal of the said Rules, it is manifest that the prima donna

consideration for applying from the Maharashtra State quota is that

the candidate should have passed 10 th and 12th standard

examination from the institution located within the State of

Maharashtra. If the candidate has not passed his 10 th and 12th

standard from the State of Maharashtra then though the candidate

or his parents are domiciled in the State of Maharashtra and /or

candidate is born in Maharashtra, he is not to be considered from

the State quota. The said Rule would undermine the domicile based

reservation. The Maharashtra State Candidature Type-A is meant

for the candidate who is domiciled in Maharashtra or born in

Maharashtra. However, further condition of passing 10th and 12th

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standard examination from the institution within the State of

Maharashtra would debar a candidate who is domiciled or born in

Maharashtra from taking admission even if because of the fortuitous

circumstances he could not take education in 10th and 12th standard

from the State of Maharashtra. The present case would be an

illustration of the same. The parents of the Petitioners are born in

Maharashtra, they are permanent residents of Maharashtra, they

have immovable property situated at Pune, State of Maharashtra,

the Petitioners are born in Maharashtra, however, because the

father of the Petitioners is in service of the nation viz. Officer in

Army, is deployed throughout the country and as observed above

was deployed after the birth of the Petitioners, at various States.

The Petitioners could not complete 10 th and 12th standard from the

State of Maharashtra. At the time the Petitioners took admission in

10th standard the father of the Petitioners was posted in Delhi and

immediately, it appears, he was transferred to the eastern region of

the country and in that circumstance, the Petitioners had to

complete their 10th and 12th standard from Delhi. When the

Petitioners were in 4th and 5th standard, the father of the Petitioners

was posted in Pune, Maharashtra and they took education in 4 th and

5th standard from Pune, Maharashtra. The Rule, in itself may not be

ultra vires. Some standards will have to be set for a domicile based

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reservation. The condition that candidate passing 10 th and 12th

standard from State of Maharashtra may not be unreasonable or

arbitrary. However, further distinction or exception will have to be

made. There may be cases where the candidate / student does not

have a choice, such as the rigours service conditions of the parents

by virtue of which they are posted throughout the country in the

service of the nation and; other, who voluntarily for their business or

any other purposes, go to other State. In the former, it would be an

involuntary and compelling circumstances, whereas in latter, it

would be a voluntary act. The State ought to consider the cases of

the candidates who are domiciled in Maharashtra or born in

Maharashtra but because of the fortuitous circumstances, such as

the service conditions of the parents who are in service of the nation

are required to be deployed outside the State. In such cases,

relaxation can be provided by the State Government to such

candidates of non completing SSC and HSC from the State of

Maharashtra. If such exception or relaxation is not provided, the

same would be harsh and would be disentitling the candidates

domiciled in Maharashtra or born in Maharashtra from taking

benefit of Maharashtra State quota. On the other hand, even if the

candidate or the parents are not domicile of Maharashtra nor born

in Maharashtra but are employees of the Government of India and

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have joined the duty in Maharashtra State just before filling in form

of CAP round and the candidate appears in SSC and HSC

examination from the State of Maharashtra would be eligible for

admission from the Maharashtra State quota.

19 The benefit of Maharashtra State quota is extended (by an

exception) to the candidates whose father or mother is in

Government of India service and is transferred just prior to filling in

the CAP round by the candidate and the candidate who has done

only his 10th and 12th standard from the State of Maharashtra would

be eligible to be considered for the Maharashtra State though not

domiciled in Maharashtra and the candidates who are born in

Maharashtra or whose parents are born in Maharashtra and

domiciled in Maharashtra and are Government of India employee

but because of their posting outside the State of Maharashtra, the

candidate could not study his 10 th and 12th standard from State of

Maharashtra is precluded from taking admission from the

Maharashtra State quota. The same would be unreasonable.

Basically, the Maharashtra State quota is to be provided for the

persons domiciled, born in the State of Maharashtra. The factual

matrix in case of Meenakshi Malik (supra) decided by the apex

court and in case of Archana Sudhakar Mandulkar (supra) are

similar to the facts of the present case.

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20      In   case    of   Rachana   Sanjay   Kuwar   Vs.    State      of

Maharashtra 7 the Division Bench of this Court to which one of us

(S.V.Gangapurwala,J.) was a party, had not permitted the candidate

to be considered from Maharashtra State quota. In the said case, the

candidate had immovable property at Shahada. The father of the

Petitioner was scientist in the Department of Government of India.

The Petitioner passed her SSC and HSC examination from Bhopal.

The Petitioner therein sought admission from the Maharashtra State

quota. this Court denied the relief to the Petitioner therein as the

Petitioner had not challenged the regulations and the rules of the

Maharashtra Unaided Private Professional Educational Institutions

(Regulations of Administrator to the Full Time Professional

Undergraduate Medical and Dental Course) 2016.

21 In the present case, the Rules are challenged. In view of the

aforesaid discussion though we hold that Rules are not ultra vires,

however, we may hasten to add that same needs to be read down to

provide relaxation or exemption for those candidates who are born

in Maharashtra and whose parents are domicile of Maharashtra but

due to fortuitous circumstances such as the parent is in service of

the Government and serving the nation and due to service condition

is deployed in various parts of the country could not complete their

7 2022 SCC OnLine Bom 530

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SSC or HSC from State of Maharashtra.

22 In the light of the above, the Respondents shall consider the

Petitioners for admission from the Maharashtra State quota.

23 Rule is made absolute in the aforesaid terms.

24 The Writ Petition stands disposed of accordingly. No costs.

(MADHAV J. JAMDAR,J)                    (S.V.GANGAPURWALA,J)




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