MEGHAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner is before us seeking a direction in the nature of mandamus to extend the benefit of exemption of notification dated 19th April, 2019 to her while she has passed SSC examination in 2018 from an institution outside Maharashtra. (Petitioner passed SSC examination in 2019 from Madhya Pradesh).

(2.) It is the case of the petitioner that her father has been engaged in contractor-ship business in Maharashtra and adjoining States, including Madhya Pradesh. While father of the petitioner was doing work in Madhya Pradesh in 2018, she had no alternative but to take education in Madhya Pradesh. It is being particularly referred to that the entire family of the petitioner is domiciled in Maharashtra and is from Bhusawal. Major education of the petitioner has taken place in Maharashtra. She had to move to Madhya Pradesh in 10 th standard in aforesaid circumstances and had come back to Maharashtra thereafter, where petitioner took admission for 12 th standard. Accordingly, the petitioner has passed HSC from Maharashtra. Petitioner, in the circumstances, had appeared for National Eligibility cum Entrance Test (UG) 2020 (NEET) held in June, 2020 and has shown to be desirous to be considered from Maharashtra State quota.

(3.) It is submitted that the petitioner has scored about 97.8 percentile marks in NEET and that would enable her to have admission to medical course from the State quota in Maharashtra. However, after she had appeared for NEET, as referred to above, desirous for being considered from the Maharashtra State quota. On 4th November, 2020, Government of Maharashtra has issued information broucher laying down procedure for admission to health science courses in the State of Maharashtra from state quota. Rule 4.5 contained in the same, apparently makes it imperative that student shall pass SSC or equivalent examination from an institution situated in the state of Maharashtra, a condition which apparently petitioner is not able to fulfill, having regard to above.