Case Note & Summary
The petitioner, Miss Anum Bashir Shaikh, an 18-year-old student, completed her Secondary School Certificate Examination (10th standard) with 81.40% marks and Higher Secondary Certificate Examination (12th standard) in Science stream with 68.77% marks from the Maharashtra State Board. She applied for admission to the Bachelor of Unani Medicine & Science (BUMS) course under the NEET UG-2019 admission process. The respondents, including the Union of India, Director of Medical Education and Research, Commissioner of Common Entrance Test Cell (NEET UG-2019), and the State of Maharashtra, issued an information brochure containing Rules & Regulations for admission. Rule 4.11 of the brochure required candidates to submit a domicile certificate by a specified date. The petitioner applied for the domicile certificate on 5th July 2019, but it was issued on 30th August 2019, after the stipulated deadline. Consequently, the respondents refused to accept her certificate and denied her admission. The petitioner filed a writ petition before the Bombay High Court seeking a direction to accept her domicile certificate and grant her admission. The court, in its order dated 13th September 2019, noted the prayer and later, on 24th September 2019, delivered the final judgment. The court examined whether Rule 4.11 was mandatory or directory. It observed that the brochure did not prescribe any consequence of non-compliance, such as forfeiture of the right to admission. The court held that the rule was directory in nature, and since the petitioner had applied for the certificate well in time and it was issued before the last date of admission, the respondents should accept it. The court directed the respondents to accept the petitioner's domicile certificate and consider her for admission to the BUMS course, if she was otherwise eligible. The petition was allowed with no order as to costs.
Headnote
A) Interpretation of Statutes - Directory vs Mandatory Provisions - Rule 4.11 of NEET UG-2019 Information Brochure - The court held that Rule 4.11, requiring submission of a domicile certificate by a specified date, is directory and not mandatory, as the brochure did not prescribe any consequence of non-compliance or forfeiture of right to admission. The court directed the respondents to accept the petitioner's domicile certificate and consider her for admission, as she had otherwise fulfilled all eligibility criteria and the certificate was issued before the last date of admission. (Paras 1-16) B) Admission to Medical Courses - Eligibility Conditions - Domicile Certificate - The petitioner, a student who completed her 10th and 12th standards from Maharashtra State Board, was denied admission to BUMS course for not submitting a domicile certificate within the time stipulated in Rule 4.11. The court found that the petitioner had applied for the certificate well in time and it was issued before the last date of admission. The court held that the requirement was directory and directed the respondents to accept the certificate and grant admission if otherwise eligible. (Paras 1-16)
Issue of Consideration
Whether Rule 4.11 of the NEET UG-2019 Information Brochure, requiring submission of a domicile certificate by a specified date, is mandatory or directory, and whether the petitioner's failure to submit the certificate within the stipulated time disentitles her from admission to the Bachelor of Unani Medicine & Science (BUMS) course.
Final Decision
The court allowed the writ petition, directing the respondents to accept the petitioner's domicile certificate and consider her for admission to the BUMS course if she is otherwise eligible. No order as to costs.
Law Points
- Rule of interpretation of eligibility conditions
- directory vs mandatory provisions
- substantial compliance
- power of court to relax technical requirements in admission matters
