Case Note & Summary
The petitioner, Shubham Borekar, a resident of Semadoh, a hilly area in Amravati district, applied for MBBS admission under the hilly area reservation category. He had completed his 11th and 12th standard education in Dharni Tahsil, which is also a hilly area, because there was no junior college in Semadoh. The respondent, State of Maharashtra, through the Director of Medical Education, initially did not consider him eligible for the reservation. The petitioner filed a writ petition seeking a direction to reserve a seat for him. The court, after hearing the parties, noted that the NEET UG 2013 brochure defined 'Hilly Area' as per government resolutions. The court observed that the petitioner's residence was in a hilly area and he studied in another hilly area due to lack of facilities. The court held that the requirement of studying in a hilly area should be interpreted liberally to include study in any hilly area, not necessarily the same village. The court allowed the petition and directed the respondent to grant the petitioner admission under the hilly area reservation.
Headnote
A) Education Law - Hilly Area Reservation - Interpretation of Residence Requirement - The petitioner, a resident of Semadoh (hilly area), studied in Dharni Tahsil (also a hilly area) due to lack of educational facilities in Semadoh. The court held that the requirement of studying in a hilly area is satisfied if the student studied in any hilly area, not necessarily the same village. The purpose of the reservation is to benefit students from hilly areas, and a liberal construction should be adopted. (Paras 1-3)
Issue of Consideration
Whether a student who resides in a hilly area but studied in an adjacent hilly tahsil is entitled to the benefit of hilly area reservation for MBBS admission.
Final Decision
The court allowed the writ petition and directed the respondent to grant the petitioner admission under the hilly area reservation.
Law Points
- Hilly area reservation
- interpretation of residence requirement
- substantial compliance
- purposive construction
