Case Note & Summary
The State of Maharashtra enacted the Maharashtra Unaided Private Professional Educational Institutes (Regulation of Admissions and Fees) Act, 2015, which empowered the State Government to frame rules for regulating admissions to unaided private professional educational institutions. In exercise of this power, the State framed the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions to the Full Time Professional Undergraduate Medical and Dental Courses) Rules, 2016. Rule 8 of the 2016 Rules, read with its Schedule, prescribed that for unaided private professional educational institutions (excluding minority institutions), 85% of seats were to be filled through the State Common Entrance Test Cell, while 15% were reserved as institutional quota (including NRI quota). For unaided minority educational institutions, the same 85% state quota applied, with unfilled minority seats to be filled by non-minority candidates. This effectively created an embargo on outsiders seeking admission to private unaided colleges, as reflected in the court's observation that a sign board would read 'No Admission for Outsiders in private unaided colleges'. The eligibility criteria for admission to undergraduate medical courses evolved over academic years. For 2016, a student who cleared both 10th and 12th standards from institutions within Maharashtra did not require domicile, but if 10th was cleared outside Maharashtra and 12th within, domicile was required. For 2017, both 10th and 12th had to be cleared from Maharashtra institutions, and domicile was mandatory. Due to ambiguity in Rule 5, the criteria were clarified effective September 2, 2016, requiring clearing 10th and 12th from Maharashtra institutions and domicile, with relaxation for 2016-2017 allowing students who cleared 10th outside but 12th within Maharashtra and possessed domicile. Amendments further clarified that the 15% institutional quota would be filled on an all-India basis, including NRI and OCI candidates, without the requirement of clearing 10th or 12th from Maharashtra or possessing domicile. Rule 5 was further amended on April 20, 2019, to provide relief to students who cleared 10th standard in 2017 or earlier from outside Maharashtra, making them eligible if they passed HSC from Maharashtra and held a domicile certificate. The writ petitions before the court included three new petitions filed in 2020 by students and institutions challenging the 85% state quota and domicile requirements. The court noted that earlier, on September 19, 2016, a coordinate bench had passed an interim decision in a batch of writ petitions (WP Nos.10158, 10160, 10506, 10507 of 2016), and on July 26, 2018, another coordinate bench delivered a final decision in a batch with WP No.2393 of 2017 as the lead matter. Based on these precedents, interim relief was declined on October 28, 2020 for the three new writ petitions. Subsequently, when informed that the earlier batch was ready for final hearing, the bench directed listing of all such writ petitions on November 25, 2020. The judgment was reserved on January 18, 2021 and pronounced on March 9, 2021, but the provided text does not contain the final decision or reasoning on the merits of the challenge.
Headnote
A) Constitutional Law - Right to Equality - State Domicile Reservation in Private Unaided Colleges - Maharashtra Unaided Private Professional Educational Institutes (Regulation of Admissions and Fees) Act, 2015, Section 23 and Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions to the Full Time Professional Undergraduate Medical and Dental Courses) Rules, 2016, Rule 8 - The State of Maharashtra placed an embargo on 85% of seats in health sciences colleges requiring admission through State CET Cell, representing a restriction on outsiders; the writ petitions sought to remove this embargo and replace it with admission for outsiders in private unaided colleges. The court noted the statutory framework and schedule allocating 85% state quota and 15% institutional quota. (Paras 1-2, 7) B) Education Law - Admission Eligibility Criteria - Domicile Requirement - Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions to the Full Time Professional Undergraduate Medical and Dental Courses) Rules, 2016, Rule 5 - The eligibility criteria required clearing 10th and 12th standards from institutions within Maharashtra and domicile, with subsequent amendments relaxing these requirements for certain students. The court reviewed the evolving criteria across academic years 2016, 2017 and later amendments, noting that institutional quota seats were made eligible on all India basis without domicile. (Paras 3-7) C) Civil Procedure - Writ Petitions - Interim Relief - Constitution of India, Article 226 - Interim relief was declined in three writ petitions due to prior coordinate bench interim and final decisions; later, the bench directed listing of all such writ petitions for final hearing. The court considered the interim order dated September 19, 2016 and final order dated July 26, 2018 before declining interim relief on October 28, 2020, and subsequently directed listing on November 25, 2020. (Paras 8-9)
Issue of Consideration
Whether the 85% state quota for private unaided professional educational institutions under the 2015 Act and 2016 Rules is valid; whether the domicile and educational institution criteria for eligibility to medical/dental admissions under Rule 5 of the 2016 Rules are constitutionally permissible; whether institutional quota seats can be filled without state domicile requirements
Law Points
- Maharashtra Unaided Private Professional Educational Institutes (Regulation of Admissions and Fees) Act
- 2015 empowers State Government to frame rules
- Rule 8 of 2016 Rules prescribes seat allocation of 85% through State CET Cell and 15% institutional quota
- eligibility criteria under Rule 5 require clearing 10th and 12th from Maharashtra institutions and domicile
- amendments relaxed domicile for certain students
- institutional quota seats eligible on all India basis without domicile
