M.S.SONAK,J. - (1.)Rule. With the consent of and at the request of learned counsel for the parties, Rule is made returnable forthwith.
(2.)The two petitioners in this petition, who claim to be students belonging to minority community, question the legality and validity of the requirement specified in clause 18 (18) of the Information Brochure for admission to Post Graduate Technical Courses for Academic Year 201617 (Brochure). The impugned clause requires minority candidates seeking admission to Post Graduate Technical Courses to attach 'Domicile Certificate' alongwith the application form for Centralised Admission Process (CAP).
(3.)Mr. C.K. Thomas, learned counsel for the petitioners, has made the following submissions:
(a) The very requirement of "domicile" in State of Maharashtra in order to be considered against the minority quota in minority institutions within the State of Maharashtra, is ultra vires the provisions contained in Article 30 of the Constitution of India. Accordingly, clause 18 (18) of the Brochure, which makes it mandatory to attach "Domicile Certificate" alongwith application form for CAP is ultra vires and unconstitutional;

(b) The requirement of attaching "Domicile Certificate" alongwith application form for CAP has been mandated only in case of "persons with disability candidates" and "minority candidates" in terms of clauses 18(12) and 18(18) of the Brochure. There is no such mandate, insofar as candidates belonging to the other categories are concerned. This according to Mr. Thomas amounts to practice of hostile discrimination against minority candidates, thereby infringing the equality principle, enshrined in Article 14 of the Constitution;

(c) Finally, Mr. Thomas submitted that the requirement contained in clause 18(18) of the Brochure has been made applicable for the first time from Academic Year 20162017. Therefore, production of such Domicile Certificate on or before the cut off date, may not be feasible even to minority candidates, who may otherwise have the necessary domicile in the State of Maharashtra. For these reasons, Mr. Thomas submitted that the State is liable to be directed to grant an exemption in the matter of production and attachment of Domicile Certificate alongwith application form for CAP at least for the , Academic Year 20162017. Mr. Thomas submitted that this Court, by interim order dated 16 June 2016 in Writ Petition (L) No. 1603 of 2016, has already directed the grant of such exemption, insofar as admission to under graduate courses are concerned. Mr. Thomas submitted that the same principle should apply to the present case as well.