AALIA KAUSAR MOHAMMED SHAFEE Vs. STATE OF MAHARASHTRA THROUGH ITS SECTRETARY,HEALTH EDUCATION DEPARTMENT,MANTRALAYA, MUMBAI
LAWS(BOM)-2017-7-17
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on July 05,2017

Aalia Kausar Mohammed Shafee Appellant
VERSUS
State Of Maharashtra Through Its Sectretary,Health Education Department,Mantralaya, Mumbai Respondents

JUDGEMENT

ANOOP V.MOHTA & SUNIL K.KOTWAL, J. - (1.) Rule. Rule made returnable forthwith and heard finally by consent of the parties. In view of urgency so expressed, as the issues in all the petitions are common and so also respondents and rule in question, therefore this common judgment.
(2.) All petitioners who are students have filed the writ petitions and raised challenge revolving around Clause 4.5 of NEET UG-2017 information broucher of health science courses (the "courses") as though they are in possession of domicile certificate of State of Maharashtra ( the "State") issued by the competent authority and have passed (11 th and 12th standard) H.S.C. examination from the institutions within the State and as they are eligible to apply for admission to the health science courses for this academic year 2017-18, yet in view of the clause so introduced for the first time in this academic year/session, the State website is not accepting their admission forms, for the courses.
(3.) Petitioners are deprived of their education and/or admission in the concerned courses for this year because of following Clause Nos. 4.2 and 4.5: "4.2 Domicile of Candidate:- The Candidates must be Domicile of Maharashtra (Except candidates underclaused 4.1.3, 4.7, 4.8, Annexure C and E). 4.5 The candidate must have passed the SSC or equivalent examination from an institution situated in the state of Maharashtra. (Please refer 4.7, 4.8, Annexure "C" and Annexure "E" for exception)" ;


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