Case Note & Summary
The petitioner, Adwait Sanjay Kamdi, a domicile of Maharashtra, completed his SSC (10th standard) from Madhya Pradesh in 2022 because his father was employed at the Bina Refinery of Bharat Petroleum Corporation Limited (BPCL), a Government of India undertaking. He later passed his HSC (12th standard) from a school in Nagpur, Maharashtra. He appeared for NEET-UG 2024 and secured 614 marks. He applied for admission under the 85% State quota in Maharashtra and was provisionally selected for an MBBS seat at NKP Salve Institute of Medical Sciences and Research Centre (respondent no.4). However, during document verification, the college's scrutiny committee sought guidance from the Maharashtra State Common Entrance Test Cell (MHCET Cell) regarding the applicability of Clause 4.8.1, which provides an exception to the requirement of passing SSC from a Maharashtra institution for children of employees of the Government of India or its undertakings. The MHCET Cell declared the petitioner ineligible, leading to the filing of the writ petition. The court examined the eligibility criteria in the NEET Health Science Brochure 2024, particularly Clauses 4.5 and 4.8.1. Clause 4.5 requires candidates to have passed SSC and HSC from institutions in Maharashtra for State quota eligibility. Clause 4.8.1 exempts children of employees of the Government of India or its undertakings from the SSC requirement if the parent was posted outside Maharashtra. The court noted that the petitioner's father was employed with BPCL, a Government of India undertaking, and was posted in Madhya Pradesh when the petitioner passed SSC. The petitioner's HSC was from Maharashtra. The court held that the petitioner squarely falls within the exception under Clause 4.8.1 and that the MHCET Cell's decision to deny eligibility was arbitrary. The court allowed the petition, quashed the MHCET Cell's decision, and directed the respondents to grant the petitioner admission in the 85% State quota for the MBBS course for the academic year 2024-25.
Headnote
A) Medical Admission - State Quota Eligibility - Exception for Children of Central Government Employees - Clause 4.8.1 of NEET Health Science Brochure 2024 - The petitioner, a domicile of Maharashtra, passed SSC from Madhya Pradesh due to his father's posting in BPCL (a Government of India undertaking). The court held that the exception under Clause 4.8.1 applies, as the father was an employee of a Government of India undertaking at the time of the petitioner's SSC examination, and the petitioner's HSC was from Maharashtra. The court directed the respondents to grant admission to the petitioner in the 85% State quota. (Paras 1-10)
Issue of Consideration
Whether the petitioner, whose father was an employee of BPCL (a Government of India undertaking) and who passed SSC from Madhya Pradesh due to his father's posting, is eligible for admission under the 85% State quota in Maharashtra MBBS course under the exception in Clause 4.8.1 of the NEET Health Science Brochure 2024.
Final Decision
The petition is allowed. The decision of the MHCET Cell reflected in emails dated 04.09.2024 and the letter from the Scrutiny/Admission Committee is quashed and set aside. The respondents are directed to finalize and grant permanent/final admission to the petitioner in the MBBS course for the academic year 2024-25 from the State quota in NKPSMC Nagpur, as per the Provisional Selection Letter dated 31.08.2024.
Law Points
- Interpretation of eligibility criteria for State quota MBBS admission
- Exception for children of Government of India undertaking employees
- Clause 4.8.1 of NEET Health Science Brochure 2024
