Candidates Born In Maharashtra But Completed 10th/ 12th From Outside Due To Parent's Army Posting Entitled To State Quota In Admissions: High Court
The Bombay High Court has read down rule for Maharashtra quota reservation with respect to admission in 5-year law program in the State for candidates who are born/ domiciled in Maharashtra but who could not complete their 10th/ 12th from the State on account of their parent's army posting."Rules are not ultra vires, however, we may hasten to add that same needs to be read down to...
The Bombay High Court has read down rule for Maharashtra quota reservation with respect to admission in 5-year law program in the State for candidates who are born/ domiciled in Maharashtra but who could not complete their 10th/ 12th from the State on account of their parent's army posting.
"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 SSC or HSC from State of Maharashtra", the court held.
Justices S.V. Gangapurwala and Madhav J. Jamdar were dealing with a writ petition challenging the eligibility criteria for availing admission through Maharashtra quota in 5-year integrated law course.
The petitioners are wards of an Army Officer. Petitioners were born in Maharashtra; however, they completed their 10th and 12th standard from Army School in New Delhi. They couldn't study in Maharashtra as their father was posted at various locations outside Maharashtra.
The state government notified MH-CET Examination for 5 years integrated LLB course. The notification provides for 85% reservation for candidates who, inter alia, pass Class 10th and 12th or equivalent exams from a recognized institution in Maharashtra. The petitioner have challenged this eligibility criteria before the High Court.
Dr. Abhinav Chandrachud for the Petitioners submitted that it is arbitrary and unreasonable that the Petitioners are deprived of equal opportunity of education in their parent State only on account of their father being posted at various locations throughout the country. State has created an unjustified classification violating Article 14 of the Constitution. Petitioners had to take 10th and 12th standard from outside Maharashtra due to fortuitous circumstances.
Advocate Sameer Khedekar for the State Common Entrance Test Cell submitted that the Rule is not discriminatory or arbitrary. Preference based on domicile or institution is allowed 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.
The court perused the Rules of admission and concluded that the primary criteria for candidature under Maharashtra State quota is that the candidate should have passed 10th and 12th standard examination from the institution located within Maharashtra.
The court stated that the condition of passing 10th and 12th standard from Maharashtra may not be unreasonable or arbitrary, however, further distinction will have to be made as there may be cases where the candidate does not have a choice, such as the service conditions of the parents due to which they are posted throughout the country in the service of the nation.
"In such cases, relaxation can be provided by the State Government to such candidates of not 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", the court observed.
The court noted that an exception is provided to students who are not domiciled in Maharashtra but have completed 10th and 12th from Maharashtra and their parents have been transferred to the state by Government of India just before last date on submitting the form. However, students who are domiciled in Maharashtra but didn't complete class 10th and 12th in Maharashtra due to parents posted elsewhere by the Government of India are precluded from availing the Maharashtra State quota. "The same would be unreasonable", the court held.
Case no. – Writ Petition No. 8539 of 2022
Citation : 2022 LiveLaw (Bom) 325
Case title – Priya Kedar Gokhale and Anr. v. State of Maharashtra and Ors.
Coram – Justice S.V. Gangapurwala and Justice Madhav J. Jamdar