SHARVARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners assail the Notice No. 19 dated 15.07.2020 issued by the respondent No. 2 thereby reducing the eligibility criteria in as much as reducing bench mark percentile. The petitioners also seek relief to permit them to submit fresh preference irrespective of earlier preferences for admission to post graduate medical course. The petitioners amended the petition on 23rd July, 2020 and further contended that those who are higher in merit than the petitioners and had not registered earlier should not be permitted to get themselves newly registered. The petitioners also assail the order dated 21.07.2020 rejecting the contention of petitioners to allow them to fill in fresh preferences after the interim order passed by this Court.

(2.) Mr. V. J. Dixit, the learned senior advocate for petitioners submits that, the petitioners are graduate medical students and have completed M.B.B.S. course. They are qualified for admission to medical post graduate seats as per merit secured by them in NEET - PG - 2020 examination. The entire admission process is to be conducted under the provisions of the Maharashtra Unaided Private Professional Education Institutions (Regulating of Admission and Fee) Act , 2015 and the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission to the full time Professional Post Graduate Medical and Dental Courses) Rules, 2017. The procedure for admission for all Government/Corporation/Government Aided Medical Colleges in the State of Maharashtra for State quota is carried out in accordance with the procedure laid in Government Resolution dated 29.01.2018 and as per the rules framed by the Government. The respondent No. 2 has published information brochure with the permission of the respondent No. 1 for registration, counseling, documents verification, preference form filling and admission process. The petitioners filled in their applications and also gave their preferences at the relevant time. The petitioner No. 1 is placed in the merit list at Sr. No. 41444 and the petitioner No. 2 at Sr. No. 19961. The petitioner No. 1 was allotted the college as per the rank. The petitioner No. 1 joined the allotted college, however, seat was not retained in order to participate in further round anticipating allotment of seat at better college. The petitioner No. 2 has not been allotted any college till completion of second round.

(3.) The learned senior advocate further submits that, the mop up round I was to commence on 15th July, 2020. On 14th July, 2020, the respondent No. 5 approved reduction of cut off marks for NEET - PG - 2020 and revised qualifying percentile. Pursuant thereto the National Board of Examination also published notice communicating reduction in minimum qualifying percentile. The schedule of mop up round was thereafter modified. The qualifying percentile is reduced by 20 percentile for each category. The newly eligible candidates were allowed to submit online preference form from 18.07.2020 to 20.07.2020. Less meritorious candidates, who are now eligible by reduction of eligibility criteria are having opportunity to give their preferences after two rounds of admission are over. They have better idea while filling their preferences, however, already registered candidates cannot change their preferences given before the first round. This has deprived the registered meritorious candidates from applying to vacant seats available at various colleges at this stage and facilitates less meritorious candidates to apply at better colleges. They would be better placed than already registered candidates. The same is arbitrary.