NEET-UG | Students Domiciled In Maharashtra But Passing 10th/ 12th Standard From Outside Not Eligible To Avail State Quota: Bombay High Court

The Bombay High Court has held that a medical aspirant domiciled in Maharashtra, but having passed 10th or 12th standard from outside the state shall not be eligible to avail the benefit under State quota for the purpose of NEET-UF examination.

"It is permissible to lay down the essential educational requirements, residential/domicile in a particular State in respect of basic courses of MBBS/BDS/Ayurvedic," the bench of Justices S. V. Gangapurwala and S.G. Dige held.

Since in the present case, the Petitioner domiciled in Maharashtra had completed her 10th and 12th standard from Madhya Pradesh, owing to her father's transfer, the Court said it cannot grant any relief.

The Court further noted that the Petitioner had not challenged the relevant rules in respect of subject matter, i.e., Regulations of NEET-UG-2021 and rules of the Maharashtra Unaided Private Professional Educational Institutions (Regulation of admission to the Full Time professional under graduate medical and dental Courses) Rule, 2016 added by Amendment Rules, 2019.

In such a scenario, the Court said it cannot read down the Rule.

"The Rule applicable since 2018 and followed consistently is that (i) the student should pass 10th and 12th standard from an institution situated within the State of Maharashtra and (ii) must be domicile of State of Maharashtra. Exception is if he has cleared 10th standard prior to the year 2017 from an institution outside the State of Maharashtra, he would still be eligible, provided he has passed 12th standard examination from an institution situated within the State of Maharashtra and he is also domicile of the Maharashtra," the Court said.

The petitioner, desirous of being treated from state quota, had relied upon Rajiv Purshottam Wadhwa V/s State of Maharashtra, 2001(1) All M.R. 824. In this judgment, the Division bench of Principal Seat of the Bombay High Court had held that the State Government to consider grant of admission to students who are domiciled but due to certain circumstances have not passed 10th Standard Examination from within State.

Petitioner also relied upon the judgment in the case of Dipali D/o Uttamrao Dakre V/s The State of Maharashtra and others, 1999(4) Bom. C.R. 136, wherein it was held that if such a servant, who is in active defence service, is domicile of the State of Maharashtra and was posted outside Maharashtra and, therefore, his children had to take education outside Maharashtra, those children cannot be excluded from consideration to (sic for) admission to the Medical and other professional colleges in the State of Maharashtra.

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