SHAIKH CHAKKIWALA HARIMATIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave to amend is sought to join Union of India, Ministry of Health, as a party-respondent. Leave granted. Amendment to be carried out forthwith.

(2.) When this matter was placed before us today in the morning session, we inquired firstly from the learned AGP appearing in this matter as to why the State Government, despite being aware of an order of 19.06.2018 passed by this very Bench in a batch of petitions, has not made any attempt to club the matters which are pending on the same point at the Aurangabad Bench of this Court, nor has the State bothered to file its return in a single matter. We called upon the AGP's of both, Original as well as Appellate side, in the post-recess session.

(3.) During the recess, we inquired from the Registry as to whether the petitions of Aurangabad Bench have been brought before us and whether the Registry has compiled the same. Since this is a batch of matters in which, prima-facie, contrary stand has been taken by the State Government at Nagpur and this Principal Seat, it is imperative that the matters should have been clubbed together before the ongoing process is finalized. Meaning thereby, if admissions are granted by interim orders, then, that would not be conducive to maintain the merit and ensure that only meritorious candidates who comply with all eligible conditions are admitted to professional courses. No additional conditions can be prescribed and contrary to the mandate of the National Eligibility Entrance Test ("NEET" for short). We, therefore, direct and in the absence of any response from the State Government, the Director of Medical Education, to remain present in this Court tomorrow i.e. on 12th July, 2018, at 3:00 p.m.