Dipankar Datta, C.J. - (1.) PRELUDE: By a legislative exercise, which shall be noted hereafter in due course, the State of Maharashtra has placed an embargo in respect of 85% of seats available in colleges/institutions imparting education in the field of Health Sciences in Maharashtra. If such embargo were displayed on a signboard, it would read "No Admission for Outsiders in private unaided colleges". This batch of writ petitions attempts to remove such signboard and replace it, seemingly with "Admission for Outsiders is Allowed in private unaided colleges". Statutory requirement for admission to Medical Courses in the State of Maharashtra and Allocation of Seats:
(2.) Admission to unaided private educational institutions in the State of Maharashtra imparting education in professional courses including imparting education in the field of Health Sciences is regulated by the Maharashtra Unaided Private Professional Educational Institutes (Regulation of Admissions and Fees) Act, 2015 (hereafter "the 2015 Act", for short). Power is conferred by Section 23 of the 2015 Act to the State Government to frame Rules. In exercise of such power, the State Government has framed Rules titled "The Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions to the Full Time Professional Undergraduate Medical and Dental Courses) Rules, 2016 (hereafter "the 2016 Rules", for short). Rule 8 of the 2016 Rules provides for allocation of seats. The percentage of allocation of seats for various types of candidates through National Eligibility-cum-Entrance Test (hereafter "NEET", for short) for the first year of medical courses shall be as per the regulations of the Medical Council of India (hereafter "the MCI", for short) and in accordance with the policy of the Government as specified in the Schedule. It is considered appropriate to reproduce the Schedule hereunder: JUDGEMENT_63_LAWS(BOM)3_2021_1.html JUDGEMENT_63_LAWS(BOM)3_2021_2.html
(3.) The 2016 Rules having been brought into force with effect from August 18, 2016, the eligibility criteria for seeking admission in undergraduate medical courses, with which we are presently concerned, were as under: For the Academic Year 2016 (a) If 10th and 12th standards were cleared by a student from an institution situate within the State of Maharashtra, domicile was not a requirement; and (b) If a student cleared 10th standard from an institution outside the State of Maharashtra and 12th standard within the State of Maharashtra, in such case, domicile was a requirement. For the Academic Year 2017 (a) A student was required to clear 10th and 12th from an institution situate within the State of Maharashtra; and (b) Domicile was a requirement. ;