NEET UG-2017: Bombay HC Relief To Students Over New Clause That Made SSC From Maha Mandatory [Read Order]

Criticising the “eleventh hour” policy change which affects the right of higher education of students, the Bombay High Court has directed the State of Maharashtra to accept application forms for admission to health science courses for the academic year 2017-18 without insisting on secondary school certificate from institutes within the State.

A bench of Justices Sunil K Kotwal  and Anoop V Mohta  granted relief to nine students who had moved high court against a newly introduced clause (clause 4.5) of NEET UG-2017 which made it mandatory for an applicant to have passed SSC or equivalent examination from an institute situated in Maharasthra.

“…we are inclined to grant relief to petitioners and directing respondents (State) to permit and/or accepting the application forms filed by such petitioners without insistence for S.S.C. Or equivalent examination certificate from an institution situated in the State. The S.S.C. Certificate which they are possessing of board and/or institution situated outside of State of Maharashtra be accepted. Petitioners' applications therefore required to be accepted by the concerned respondents without further delay and process the same in accordance with regulations so announced. Such restrictive rule cannot be made applicable retrospectively to take away the accrued rights of petitioners/students,” the bench ordered.

The students had contended that they are all domicile of Maharashtra and have completed higher education from Maharashtra but the secondary education has been from outside the State prior to 2015.

While they were eligible for applying to health science courses earlier, the newly introduced clause makes it mandatory to have completed even the secondary education from within Maharashtra and as a result their applications are not being accepted online.

“The rights accrued in their favour, just cannot be taken away by bringing such impugned clause retrospectively, which ultimately denied their right of further higher education in the State, though they are residents of the State and possess domicile certificate of the State. In our view, such eleventh hour change of criteria is unjust, unreasonable and affects the rights of further study so contemplated. These rights just cannot be taken away by the State or respective authority by implementing such condition though they have power and authority to bring in and/or amend the policy decision,” the Bench said.

“Respondents require to take steps to bring such policy by giving full and/or appropriate due public notice to the concerned students, so that before joining the course or 10 th standard within or out of State of Maharashtra, they would be in a position to take effective and appropriate steps/decisions, in advance,” it directed.

The bench directed the State to make provisions to allow all students to submit their applications online and give its order due publicity through media for the benefit of all similarly placed students.

Read the Judgment Here

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