11th Admissions 2019-20

11th Admissions 2019-20

Domicile, Class 10, 12 from state mandatory: HC

PUBLISH DATE 27th July 2018

THE BENCH SAID IF THE STATE GOVERNMENT IMPOSES CONDITIONS TO PROTECT ITS INTERESTS, IT CANNOT BE SAID THE CONDITIONS ARE UNREASONABLE

 The candidates seeking admission to health science courses from 85% state quota will have to continue to meet all the three conditions — a state domicile and having cleared both Class 10 and Class 12 examinations from the state — as the Bombay high court on Thursday upheld the three conditions of eligibility for admission to health science courses in the state.

A division bench of Justice SC Dharmadhikari and Justice Bharati Dangre rejected petitions filed by 17 students, all domiciled in Maharashtra, but some of whom had cleared Class 10 from the state and not Class 12, and the rest had cleared only Class 12 from the state, but not the Class 10 examination.

It was argued on behalf of the students, who have only cleared Class 10 from the state, that Class 12 examination can somehow be connected with the admissions to health science courses, but Class 10 examination was absolutely unconnected and therefore the condition was required to be struck down for being unreasonable.

The bench, however, rejected the contentions. It accepted arguments advanced by advocate general Ashutosh Kumbhakoni that the Supreme Court has carved out two exceptions to the rule that admissions to professional courses can only be on merit. Kumbhakoni had argued that the partial doing away from the rule of merit is permissible in larger interest of the state — to ensure that maximum number of students from the state gets admitted to the health science courses in the medical colleges and adequate number of professionals are available for meeting the medical health requirements for the state.

The bench said that if the state government imposes the conditions to protect its interests, it cannot be said that the conditions have no nexus or are unreasonable.The bench also rapped the state authorities for lack of coordination between Directorate of Medical Education and Research (DMER) and the State CET (Common Entrance Tests) Cell.

“When two parallel authorities exercise powers, confusion and chaos are inevitable,” said the bench.

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