Mumbai: In a relief to students seeking admission under state quota who have not completed 10th or 12th from the state, although they are domiciled here, the Bombay High Court on Monday provided relaxation or exemption to candidates whose parents are serving in the defence force.
A division bench of Justices SV Gangapurwala and Madhav Jamdar said that exemption needs to be carved out for those candidates who are born in Maharashtra and whose parents are domicile of Maharashtra but due to “fortuitous circumstances” such as the parent is in service of the Government and serving the nation and due to service condition is deployed in various parts of the country could not complete their SSC or HSC from State of Maharashtra.
The HC was hearing a petition filed by twins, whose father is an army officer, challenging the eligibility criteria for availing admission through Maharashtra quota in 5-year integrated law course.
Priya and Ishaan Gokhale were born in Maharashtra; however, they completed their 10th and 12th standard from Army School in New Delhi. They couldn't complete their studies in Maharashtra as their father, Colonel Kedar Gokhale, was posted at various locations outside Maharashtra.
The government notification, for MH-CET Examination for 5 years integrated LLB course, provides 85 per cent reservation to candidates who pass Class 10th and 12th or equivalent exams from a recognized institution in Maharashtra.
Gokhales challenged this eligibility criteria before the HC.
Their counsel, Abhinav Chandrachud, argued that it is “arbitrary and unreasonable” that the petitioners are deprived of equal opportunity of education in their parent State only on account of their father being posted at various locations throughout the country. They had to take Class 10th and 12th exams from outside Maharashtra due to fortuitous circumstances.
However, Sameer Khedekar, advocate for the State Common Entrance Test Cell, contended that Rule is not discriminatory or arbitrary and that the preference based on domicile or institution is allowed within reasonable limits.
The court noted that the primary criteria for candidature under Maharashtra State quota is that the candidate should have passed Class 10th and 12th examination from the institution located within Maharashtra.
Although such a condition may not be unreasonable or arbitrary, the judges noted that further distinction will have to be made as there may be cases where the candidate does not have a choice, such as the service conditions of the parents due to which they are posted throughout the country in the service of the nation.
“In such cases, relaxation can be provided by the State Government to such candidates of not completing SSC and HSC from the State of Maharashtra. If such exception or relaxation is not provided, the same would be harsh and would be disentitling the candidates domiciled in Maharashtra or born in Maharashtra from taking benefit of Maharashtra State quota,” observed the HC in its 23-page judgment.
