Case Note & Summary
The petitioners, two sisters who migrated from Jammu and Kashmir to Pune due to the situation in the state, sought admission to engineering degree courses in Maharashtra. They had passed their SSC from ICSE board in 2011 and HSC in 2013 with high marks. The Directorate of Technical Education had, since 1995, earmarked one seat per technical course for migrant students from Jammu and Kashmir, and for the current year, 1,870 seats were available. A notification dated 21 February 2013 exempted J&K migrant candidates from appearing for the MT-CET 2013. The brochure issued on 13 February 2013 specified eligibility criteria for J&K migrant students, requiring them to have passed HSC or equivalent examination with Physics, Chemistry, and Mathematics, and secured minimum 45% marks in those subjects. The petitioners applied under the J&K migrant quota but were not included in the merit list. The respondents argued that the petitioners were not eligible because they had not passed HSC from Maharashtra State Board and had not appeared for CET. The court held that the notification clearly exempted J&K migrant candidates from CET, and the brochure allowed equivalent examinations, which the petitioners had passed. The court directed the respondents to include the petitioners in the merit list for J&K migrant quota seats and consider them for admission in the current academic year. The court also noted that the petitioners had secured high marks and were entitled to be considered.
Headnote
A) Constitutional Law - Right to Education - Migrant Students - The petitioners, sisters displaced from Jammu and Kashmir, sought admission to engineering courses in Maharashtra without appearing for MT-CET 2013. The court held that the notification exempting J&K migrant candidates from CET applied to them, and the requirement of passing HSC from Maharashtra State Board was not applicable as they had passed from ICSE board, which is equivalent. The court directed the respondents to include the petitioners in the merit list for J&K migrant quota seats. (Paras 1-12) B) Education Law - Admission Quota - Jammu and Kashmir Migrant Quota - The Directorate of Technical Education earmarked one seat per course for J&K migrant students since 1995. The court interpreted the brochure and notification to mean that migrant students are exempted from CET and their merit is based on HSC marks. The court rejected the argument that the petitioners were not eligible because they had not passed HSC from Maharashtra State Board, as the brochure allowed equivalent examinations. (Paras 3-11)
Issue of Consideration
Whether the petitioners, being migrant students from Jammu and Kashmir, are entitled to be considered for admission to engineering courses in Maharashtra without appearing for the MT-CET 2013, and whether the requirement of passing HSC from Maharashtra State Board is applicable to them.
Final Decision
The court allowed the petition, directing the respondents to include the petitioners in the merit list for J&K migrant quota seats and consider them for admission to engineering courses for the academic year 2013-2014, without requiring them to appear for MT-CET 2013.
Law Points
- Migrant students from Jammu and Kashmir are exempted from appearing for MT-CET 2013
- eligibility criteria for J&K migrant students
- right to education of displaced persons
