The impugned order imposing a penalty of permanent debarment from seeking admission in health science courses in the State of Maharashtra was found to be illegal and arbitrary, as it was not supported by the NEET 2017 Rules and violated the right to education and opportunity.

BHARATI H. DANGRE, J.

1. Rule, returnable forthwith. Heard finally by consent of parties. The learned AGP waives service for the respondents.

2. The petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India for stay to the effect and operation of the impugned decision in the form of letters issued by the Director of Medical Education and Research (for short “DMER”) thereby cancelling admission of the petitioner to the MBBS Course in Respondent No.3 College. The petitioner has further sought direction to the respondents to ensure that one seat in the open category in 70% of original quota be kept vacant for the petitioner. The few fact which are necessary for adjudication of the matter are enumerated below:

3. The petitioner is domicile of State of Rajasthan and he appeared for the National Eligibility Entrance Test (for short “NEET”) for the Academic Year 2017-18 since he was desirous to seek admission in MBBS Course. The petitioner secured a score which made him eligible for getting admission into any college of his choice in Maharashtra in All India quota and also State quota in the open category of seats. On his participation in the Centralized Admission Process (CAP), the petitioner was allotted a seat in respondent no.3's college where he submitted his original documents and also deposited his fees on 5/8/2017. However, on 7/8/2017 the petitioner received a letter from respondent no.3 that his admission in the said college is cancelled as per the directions of respondent no.3. When the petitioner sought reasons for cancellation of his admission, he received reply dated 10/8/2017 where it was stated that his admission was cancelled on the ground that he had previously obtained admission to MBBS Course after submission of false and fabricated documents in relation to his caste (ST) and said admission came to be cancelled and even criminal case was registered against him. It was also informed that the petitioner is debarred from pursing Health Science course in the State of Maharashtra in future.

4. Being aggrieved, the petitioner approached this Court by filing the present writ petition. The matter was mentioned before us. We have heard the matter on 21/8/2017 and we referred to the impugned order which makes reference to Rule 16.2. We noted that the person is entitled for admission if he deposits Rs.10 lakhs as mentioned in the information brochure and therefore since the last date / cutoff date for MBBS course was nearing, we felt it necessary to grant interim protection to the petitioner so as to protect the seat which was already allotted to him on the basis of his merit as open category candidate. We therefore issued direction to the respondents not to give effect to the impugned order and not to fill the seat of the petitioner till further orders.

5. On 31/8/2017 when the matter was placed before us, this Bench taking into consideration, the view taken by us in Writ Petition No. 7238/2017 Ms. Maithilee Tukaram Kadam Vs. The State of Maharashtra & Ors., vide judgment dated 29.08.2017, wherein it was held that denying admission on the basis of past conduct is arbitrary and unreasonable, as it deprives student of right to higher education and right to progress, we proceeded to hear this matter. On the said date, learned AGP appearing for respondent No.2 DMER informed that the petitioner will be accommodated in Terna College at Navi Mumbai on the basis of his merit. We therefore directed that the petitioner would approach and take admission in the said college by completing the formalities. This order was passed well within the time schedule fixed by the MCI for the last date for admission of the student to MBBS Course.

6. Respondent No.3 had passed the impugned order on 7/8/2017 informing the petitioner that his admission to MBBS course is cancelled in terms of directions issued by the Director of Medical Education & Research (DMER). On 10/8/2017 Director of Medical Education &