SHASHI SARASWAT Vs. STATE OF MAHARASHTRA AND ANR

JUDGEMENT

(1.) The petitioner, desirous of acquiring a degree in Medicine appeared for the National Entrance Cum Eligibility Test (NEET) conducted by the CBSE for the Academic Year 2018 on 6th May 2018. The admissions to the Health Science Courses which includes MBBS and BDS is conducted by the Commissioner, Common Entrance Test (CET) CELL, Mumbai in accordance with the Rules framed by it and published in the form of an information brochure for preference system for admission to health science courses in the State Government, Corporation, Private and Minority Colleges. The Medical Council of India had introduced a mechanism of common counselling for admission to MBBS in all medical education institutions on the basis of merit list of the National Eligibility Entrance Test. All admissions to the health science courses within the respective categories are to be based solely on the marks obtained in the NEET, which is prescribed as a single test for admission to all health science courses for Academic Year 2018-19. The Central Board of Secondary Education (CBSE) is authorized to conduct the NEET and for the year 2018-19, it was conducted on 6th May 2018. The responsibility of CBSE is limited to conduct the said test, declaration of its result and providing merit list to counselling authorities. The designated authority for counselling for the 15% All India Quota seats of the contributing states is the Director General Health Sciences, whereas the counselling for admission to MBBS courses in medical education institutions in State/Union Territory have been left to the respective State/Union Territory and as far as State of Maharashtra is concerned, it is entrusted to the respondent no.2. The Information brochure published by the respondent no.2 sets out the mechanism to be followed while filling up the seats to various health science courses in the respective colleges, including Government/Private and Minority colleges.

(2.) The petitioner cleared the NEET-UG-2018 conducted by CBSE and secured an All India Rank of 31718. On clearing the said examination and on scoring the position in the merit list, the petitioner was entitled to participate in the admission process conducted by the Commissionerate, CET Cell Mumbai i.e. respondent no.1. The father of the petitioner was a defence personnel and posted at Kirkee, Pune, a Havaldar in Military Hospital and he retired from service on 1st July 2018. In terms of the information brochure for NEETUG2018 published by the respondent no.2, 5% of the intake capacity subject to maximum of 5 seats in each government, municipal corporation and government aided medical colleges are reserved for children of defence service personnel and exdefence personnel. For children of defence personnel transferred to Maharashtra from outside who are not domiciled in the State of Maharashtra, specific quota of one seat called Defence 3 (Def3) has been reserved in those colleges where seats are reserved for defence personnel. Annexure C of the information brochure sets out the provision for the reservation to be provided to children of Defence personnel and the details about the sharing of seats between the exdefence and inservice defence category. It also defines Defence categories and sets out the conditions to be complied with, in order to be eligible for allotment of a seat meant for words of defence personnel. It is not in dispute that the petitioner is entitled to claim a seat in the Health Science course as a candidate from defence category. (Def3).

(3.) On declaration of result of the NEETUG2018, on 4th June 2018, the respondent no.2 published an admission notice for filling up the seats in the Health Science courses in State of Maharashtra on 6th June 2018. The notice contemplated that the admission process for Health Science course would require a NEET All India Rank of the candidate and it sets out a schedule for conduct of the selection process. This contemplated an online registration/application by the candidates between 7th June 2018 to 17th June 2018 and then, publication of a provisional merit list on 19th June 2018. The next stage contemplated in the notice is that of document verification of the candidates at different centres specified in the notification between 21st June 2018 to 25th June 2018. The said notice then prescribed a stage for online preference filing process which was scheduled from 26th June 2018 to 29th June 2018, followed by declaration of select list of first round on 2nd July 2018. The last date for joining of the selected candidates from the first round according to the notice was scheduled on 12th July 2018 and the date for commencement of the Academic Session is declared as "1st August 2018". The said notice conveyed that the candidates should open the website "www.mahacet.org" or " www.dmer.org " for online registration process and the candidates were instructed to read the instructions carefully and the steps for preferring online application were also set out in the said notification.