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2013 Supreme(Bom) 1593
In the High Court of Bombay at Nagpur
B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.
Shubham s/o Satish Borekar
Versus
State of Maharashtra through the Director of Medical Education and Research & Competent Authority & Another
Writ Petition No. 3683 of 2013
Decided on : 20-08-2013
For the Petitioner: Mrs. B.H. Dangre, AGP.
For the Respondents:Mrs. B.H. Dangre, AGP, J.T. Gilda, Advocate.
Headnote:Constitution of India, 1950 - Article 226 - Admission in Medical College.
Imposing any barrier on candidate residing near border between two Tahsils within hilly area, artificially is not envisaged by Rule (1) or (2) of NEET 4G 2913. - In given case, it may happen that a candidate residing near border between two such Tahsils may find the school in other Tahsil near or more suitable and opt for it. When the hilly area spread in both such Tahsils is one and same or identical geographically, the candidate faces same degree of difficulty whether he attends the school in his own Tahsil or neighbouring Tahsil.
Determination of suitability of a school by such candidate will definitely depend on various factors, some of which will be personal and vary from candidate to candidate. Such choice will be mostly subjective. Imposing any barrier artificially and dividing otherwise contiguous terrain in to two is not envisaged either by Rule (i) or (v) of Annexure E. Rule (v) contemplates passing of HSSC examination by petitioner from a School or Junior College from the hilly area of his parent’s domicile and this condition is fulfilled in present matter.
When candidate does not pass either Xth (SSC) or XIIth (HSSC) examination from the hilly area of his/her parents domicile, he can still qualify if he clears said examination from Tahsil of domicile of his parents. It is writ large that this contingency is attracted only when, the place of parent’s domicile in the Tahsil is within hilly area and remaining part of that Tahsil is not notified as hilly area or is then notified as another or distinct hilly area.
B.P. Dharmadhikari, J.
1. Considering the fact that the matter pertains to MBBS admission of a student to Medical course and involves an issue about hilly area reservation, with consent, we have heard respective Counsel at length by issuing Rule and making it returnable forthwith. We also extended opportunity to learned Advocate JT Gilda with Advocate AJ Gilda appearing for intervenor student and perused reply/affidavits filed by him. At first hearing on 17th July, 2013, we have passed following order:-
“CORAM : B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.
DATED : 17th JULY 2013.
Advocate Shri Parchure states that there is no independent Junior College or then similar facility for taking education in 11th or 12th standard at Semadoh and hence, all students are required to go to adjacent places. Semadoh is a hilly area and the petitioner has taken education in adjacent Dharni Tahsil, which is also included in the Hilly area.
In this situation, notice, returnable on 23.07.2013.
Additional Government Pleader Mrs. B.H. Dangre waives notice for respondent.
One seat shall be kept reserved for the petitioner in the meanwhile.
JUDGE JUDGE”
2. NEET UG 2913 information brochure Health Science Courses contain relevant Rules on this aspect. Following provisions regulate the claim for reservation to hilly area:-
“Rule 3.8--Hily Area (HA) means hilly areas as per the resolutions issued by the Government of Maharashtra from time to time (Annexure – F)”.
Annexure – F is about additional weightage claim.
Relevant Annexure with which we are concerned here is Annexure E – Hilly Area (HA) Reservation. It reads :
ANNEXURE – E
HILLY AREA (HA) RESERVATION
As per G.R. No. MED-1003/CR641/03/Edu-2, dated 16/3/2004, 3% seats at Govt/Municipal Corporation Medical colleges are reserved for the candidates from Hilly Areas.
In accordance with G.R. issued by the Govt. of Maharashtra MED Dept. G.R. No. MED-1002/3852/CR-617/02/Edu-2, dated 17/4/2003 and resolutions issued by Govt. of Maharashtra from time to time, the candidates claiming seat under HA claim should satisfy following criteria to be eligible.
(i) Domicile Certificate of the parent stating that he/ she is domicile in the village declared as a Hilly area specified in the Table for the respective Regions (Rest of Maharashtra/ Vidarbha/Marathwada. As per the latest list issued by concerned Department). The said certificate should be obtained from the concerned Revenue Department Officer (Tahsildar and Above).
(ii) To avail the benefit of HA claim, the candidate must appear at NEET UG – 2013 examination.
(iii) The Competent Authority shall select the candidates claiming HA, on the basis of their Merit at NEET UG – 2013 examination.
(iv) The constitutional reservation is provided under these HA claim seats.
(v) The candidate should pass SSC/ HSC (or equivalent) examination from School/ Junior College situated in the hilly area of his/ her domicile or if not so, at the most, from a School/Junior College situated in the taluka of his/her parent's domicile. The Hilly areas belonging to all the three regions (Rest of Maharashtra, Vidarbha, Marathwada) in Maharashtra State are available at website of DMER i.e. www.dmer.org.”
3. Hilly area for Amravati district are given in G.R. Dated 17.4.2003 at Sr. No. 1 in its Appendix “B”. It is entire Taluks /Tahsils of Dharni and Chikhaldara. Petitioner in his writ petition states that he is permanent resident of village Semadoh,Tah. Chikhaldara, District Amravati. He studied in school at Semadoh from Standards I to IVth. He completed standards Vth to Xth in a reputed school at Paratwada, Tah. Paratwada. Standard XI & XII are cleared by him from attending a school at Dharni where his father is in service of a private school as Laboratory Attendant. Thus, except for standards 5th to 10th his remaining education from 1st to 12th class, has been in the hilly area.
4. Petitioner has urged that school to suit his father's budget was not available in Semadoh or then
