Born in Maharashtra, but can’t apply for 85% of MBBS Seats
Students seeking admission to MBBS courses in Maharashtra through the state quota have to clear the SSC and HSC examinations, or their equivalent ( i.e, ICSE / ISC, CBSE and IB ) from an educational institute in the state, the Bombay high court has said, upholding a rule, reports Shibu Thomas.
Dismissing a petition by a student from Aurangabad who had challenged the rule as discriminatory, the court said, “The state has not made any wholesale provision giving preference to domicile only, and has found it necessary to impose the twin requirement ( of passing SSC and HSC from institutions in Maharashtra ).”
Court cites exceptions to Maharashtra’s MBBS rule
The Bombay high court has held that the HSC/ SSC requirement for students applying to MBBS courses could not be said to be arbitrary or perverse. “The petitioner has failed to point out any hostile discrimination ,” said a division bench of Justices B P Dharmadhikari and Ravindra Ghuge. “We are unable to hold that by omitting to provide any reservation for students like the present petitioner, the state has committed any error.”
The court said that while the rules provide that normally a student applying for admission through the state quota should have done SSC and HSC from Maharashtra , exceptions are carved out in the norms. One of the exceptions is for children of state and government employees and domiciled students who passed SSC elsewhere , but appeared for HSC in Maharashtra.
The petition challenging the rules was filed by Arvind Rao ( 17; name changed ) through his mother , who is a medical practitioner and a professor at a dentistry college in Latur.
Arvind, who passed his HSC examinations earlier this year, found that his application for admission to an MBBS course through the state quota was rejected as he had done his SSC and HSC from Andhra Pradesh. The rule is that 85% of seats in a government medical college come under the state quota, while 15% under the all-India quota. According to Arvind, students with marks less than him had been given admission. “The norm of requiring a student to pass SSC and HSC from an institution in Maharashtra is prejudicial to students and results in denial of admission to meritorious candidates who may otherwise have domicile in the state,” argued Arvind’s lawyers.
The state’s lawyers defended the rule, saying the government had powers to add proper conditions and terms for regulating admissions through the 85% quota.