Case Note & Summary
The petitioner, Ms. Vyoma Vutta, filed a writ petition before the Bombay High Court challenging the rejection of her application for admission to the B.V.Sc & A.H. Degree Course (5 years) for the academic year 2015-16 by the respondent University. The rejection was on the ground that she had not submitted a Domicile Certificate. During the proceedings, the respondents 3 and 4 (the University) filed an affidavit dated 24th July 2015 stating that the State Government had issued a Corrigendum (Shuddhipatrak) dated 21st July 2015 to the earlier Government Resolution dated 11th June 2013. The corrigendum declared that candidates/parents who had resided in Maharashtra for a period of not less than 3 years out of the immediately preceding 10 years would not be required to submit a Domicile Certificate for admission to the B.V.Sc & A.H. Course for the year 2015-16. In view of this, the University decided to reschedule its admission programme and notified on its website that students whose applications were rejected for want of Domicile Certificate could now apply. The Court, after hearing the parties and noting the affidavit, disposed of the petition as the grievance of the petitioner stood redressed. The Court also made Rule absolute in terms of the affidavit.
Headnote
A) Admission to Professional Courses - Domicile Requirement - Relaxation by Government Corrigendum - The petitioner's application for B.V.Sc & A.H. course was rejected for non-submission of Domicile Certificate. The State Government issued a corrigendum dated 21st July 2015 relaxing the requirement for candidates/parents who have resided in Maharashtra for at least 3 years out of the preceding 10 years. The University decided to reschedule admissions accordingly. The Court disposed the petition as the grievance was redressed. (Paras 2-4)
Issue of Consideration
Whether the rejection of the petitioner's application for admission to B.V.Sc & A.H. Degree Course for want of Domicile Certificate was justified in light of the subsequent corrigendum issued by the State Government relaxing the domicile requirement.
Final Decision
The Court disposed of the writ petition as the grievance of the petitioner stood redressed. Rule was made absolute in terms of the affidavit filed by respondents 3 and 4.
Law Points
- Admission to professional courses
- Domicile requirement
- Relaxation by government corrigendum
- Writ petition disposed as grievance redressed
Case Details
2015 LawText (BOM) (07) 61
Writ Petition No. 6479 of 2015
Anoop V. Mohta, V. L. Achliya
Ms. Pooja V. Thorat for the petitioner; Mr. C.M. Lokesh I/by Mr. A.K. Jalisatgi for respondents 3 and 4; Mr. C.P. Yadav, AGP for Respondent/State
State of Maharashtra & ors.
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Nature of Litigation
Writ petition challenging rejection of admission application for want of Domicile Certificate
Remedy Sought
Petitioner sought admission to B.V.Sc & A.H. Degree Course despite not having submitted Domicile Certificate
Filing Reason
Petitioner's application for admission was rejected by the University for non-submission of Domicile Certificate
Issues
Whether the rejection of the petitioner's application for admission for want of Domicile Certificate was valid in light of the subsequent corrigendum relaxing the requirement
Submissions/Arguments
Petitioner argued that the rejection was unjustified as the State Government had issued a corrigendum relaxing the domicile requirement
Respondents 3 and 4 filed an affidavit stating that in view of the corrigendum, the University would reschedule admissions and allow students whose applications were rejected for want of Domicile Certificate to apply
Ratio Decidendi
When the State Government issues a corrigendum relaxing a requirement for admission, and the University decides to reschedule admissions accordingly, the petitioner's grievance is redressed and the petition can be disposed of.
Judgment Excerpts
I further say and submit that for admission to B.V. Sc. & A.H. Degree Course (5 years), we adopt the merit list prepared by Director of Medical Education & Research, Mumbai after holding Common Entrance Test (i.e. MHCET).
Vide the said Corrigendum, Shuddhipatrak No.MPW 2012/P.K.32/PDM1, dated 21st July, 2015, the State Government has inter alia declared that candidates/parents who have resided in Maharashtra for a period of not less than 3 years out of immediately preceding 10 years would not be required to submit Domicile Certificate for admission to B.V. Sc & A.H. Course for the year 2015-16.
I further say that in view of the above, now the University has decided to reschedule its admission programme.
Procedural History
The writ petition was filed before the Bombay High Court. After hearing the parties, the Court adjourned to allow the respondents to file an affidavit. Respondents 3 and 4 filed an affidavit dated 24th July 2015. The Court then disposed the petition.
