- (1.) RULE, returnable forthwith. Respondents waive service. By consent taken up for final hearing. A CONSPECTUS OF THE CASE by this Writ Petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the constitutional validity of Rule 4. 4 of the rules framed by the Maharashtra University of Health Sciences in the State. Rule 4. 4. which is the subject matter of controversy provides that a candidate seeking admission to courses in Health Sciences for academic year 2000-2001 would be eligible for admission only if he or she has passed the S. S. C. Examination from an institution situated in the State of Maharashtra. Rule 4. 5 similarly requires as condition of eligibility that every candidate must have passed the Higher Secondary Certificate or equivalent examination from an institution situated in the State of Maharashtra. The petitioner, seeks to impugn the validity of Rule 4. 4 and it is with this challenge that the petition is concerned. At the outset, it must be clarified that Rule 4. 5 which requires the passing of the H. S. C. examination or an equivalent examination is not under consideration. The H. S. C. examination is the qualifying examination for admission to medical courses and the passing of that examination from the State of Maharashtra is thus a valid requirement of eligibility.
(2.) BRIEFLY put, the case of the petitioner is thus: the father as well as the mother of the petitioner were born in Maharashtra. After completing S. S. C. in 1983 from the Pune Board the petitioner's father joined the Defence services as a Radar Operator in the Indian Air Force. The petitioner's father served in the Air Force until 26th June, 1979 when he retired. Upon retirement from the Air Force the petitioner's father took up employment at the Airport at Dubai. The petitioner was born on 26th September, 1982 and completed his education until 10th Standard in Dubai. In March, 1998 the petitioner passed the 10th Standard Examination held in Dubai and conducted by the Central Board of Secondary Education, New Delhi. The petitioner sought and obtained admission to the 11th Standard Course at Kirti College, Dadar, Mumbai. The petitioner passed the 11th Standard in May, 1999 after which he was admitted to the Higher Secondary course in the 12th Standard. THE RULES FOR ADMISSION
(3.) FOR the years 1995-96 and 1996-97 the following Rules had been framed by the State Government for admission to Medical Courses. 1995-96 "3. 3. 1 H. S. C: OR EQUIVALENT EXAMINATION. An applicant must have passed Higher Secondary Certificate (12th Standard Science) examination of the Maharashtra state Board of Secondary and Higher Secondary Education or the Indian School Certificate Examination (12th Std. Science) or any other equivalent examination from an institution situated in the State of Maharashtra. 3. 3. 2. S. S. C. OR EQUIVALENT EXAMINATION. In addition to the qualification mentioned above, only those applicants will be held eligible for selection to the Medical and Dental Colleges, who have passed the S. S. C. or Senior Cambridge or Indian School Certificate or equivalent examination from any of the recognised schools in the State of Maharashtra. 3. 3. 3. 2 The applicants who have passed S. S. C. (or equivalent) and/or H. S. C. (or equivalent) examination from an institution situated outside Maharashtra and whose parents are domicile of Maharashtra state will be eligible for admission in relaxation of para 3. 3. 3. and/or 3. 3. 2. Rules for the year 1996-97 3. 3. 1 H. S. C. or EQUIVALENT EXAMINATION an applicant must have passed Higher Secondary Certificate (12th Standard Science) Examination of the Maharashtra State Board of Secondary and Higher Secondary Education or the Indian School Certificate Examination (12th Std. Science) or any other equivalent examination from an institution situated in the State of Maharashtra. 3. 3. 2 S. S. C. OR EQUIVALENT EXAMINATION in addition to the qualification mentioned above, only those applicants will be held eligible for selection to the Medical, Dental, Ayervedic and homeopathic colleges, who have passed the S. S. C. or Senior Cambridge or Indian School Certificate or equivalent from any of the recognised schools in the State of Maharashta. 3. 3. 3. 2. The applicants who have passed S. S. C. (or equivalent) and/or H. S. C. (or equivalent) examination from an institution situated outside Maharashtra but within the territory of India and whose parents are domicile of Maharashtra State will be eligible for admission in relaxation of para 3. 3. 3 and or 3. 3. 2. ";