The Bombay High Court has directed the Maharashtra government to consider admission to the state quota for candidates born in Maharashtra who have completed their education elsewhere due to the exigency of their parents’ work. A division bench of Justices SV Gangapurwala and Madhav Jamdar was approved on Monday. the order on a petition filed by two students, sons of an army officer, challenging the eligibility criteria issued by the state’s Common Entrance Test Cell.
As per the criteria, they were treated as candidates from outside Maharashtra for MAH-CET, an entrance test for the five-year integrated LLB course.
The petitioners claimed that they did their primary schooling in Pune but later shifted to Delhi where their father was posted and completed the rest of their schooling there.
They said they should be considered eligible for the 85 percent quota for Maharashtra students.
The bench in its order, made available on Tuesday, noted that the rule that the candidate must have passed the Maharashtra 10th and 12th standard examinations was neither reasonable nor arbitrary.
“However, further distinction or exception will need to be made. There may be cases where the candidate/student has no choice, such as the parents’ stringent conditions of service under which they are posted across the country in the service of the nation and; others, who voluntarily for their business or any other purpose, go to another State,” the court said.
“The State should consider the cases of candidates domiciled in Maharashtra or born in Maharashtra but due to fortuitous circumstances such as service conditions of parents who are in the service of the nation, have to be deployed outside the State.”, he added.
In such cases, the state can provide relaxation, he said, and directed the state government to consider the applicants for admission under the Maharashtra quota.