Case Note & Summary
The petitioners, three MBBS students, filed a writ petition before the Bombay High Court challenging the refusal of the respondents (Union of India, Administrator of Dadra and Nagar Haveli, Director of Education, and Namo Medical Education and Research Institute) to accept their domicile certificates for the purpose of NEET counselling for MBBS admissions. The petitioners had completed their 10th and 12th standard education from schools located in the Union Territory of Dadra and Nagar Haveli. They were issued domicile certificates by the competent authority. However, during the NEET counselling process, the respondents refused to treat them as domicile of the UT, thereby denying them the benefit of reservation for UT candidates. The court examined the policy of the UT regarding domicile status for medical admissions. The court noted that the UT's own policy required that a candidate must have completed 10th and 12th from schools in the UT to be considered a domicile. The petitioners satisfied this requirement. The court held that the respondents' refusal was arbitrary and violative of Article 14 of the Constitution. The court also noted that the petitioners had a legitimate expectation that their domicile certificates would be accepted based on the UT's consistent practice. The court allowed the petition and directed the respondents to accept the petitioners' domicile certificates and consider them as UT domicile candidates for NEET counselling.
Headnote
A) Education Law - Medical Admissions - Domicile Requirement - Interpretation of Government Policy - Petitioners, MBBS students, challenged the refusal of respondents to accept their domicile certificates for NEET counselling - Court held that the UT's own policy required completion of 10th and 12th from schools in the UT, which the petitioners satisfied - Held that the respondents cannot deny the benefit of domicile status to the petitioners (Paras 1-10). B) Constitutional Law - Right to Education - Legitimate Expectation - Petitioners had a legitimate expectation that their domicile certificates would be accepted based on the UT's consistent practice - Court held that the respondents' action was arbitrary and violative of Article 14 - Held that the petitioners are entitled to be considered as domicile of the UT (Paras 11-15).
Issue of Consideration
Whether the petitioners, who completed their 10th and 12th standard education from schools in Dadra and Nagar Haveli, are entitled to be considered as domicile of the Union Territory for the purpose of MBBS admissions through NEET counselling, despite the respondents' refusal to accept their domicile certificates.
Final Decision
The petition is allowed. The respondents are directed to accept the petitioners' domicile certificates and consider them as UT domicile candidates for NEET counselling for MBBS admissions.
Law Points
- Domicile certificate
- NEET counselling
- MBBS admission
- Union Territory policy
- 10th and 12th schooling requirement
- interpretation of government resolutions
- estoppel
- legitimate expectation
