The court upheld the admission process rules, stating that a student who submits a status retention form cannot later challenge subsequent admissions, ensuring fairness in the allocation of seats.

JUDGMENT :

M.M. Sathaye, J.

1. This is NOT a case of a student who has not got an admission to MBBS course. This is a case of a student who has secured an admission in “A” government MBBS college but still insists for an admission in “B” government MBBS college, by dislodging other students.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

3. The Petitioner is a student of MBBS course who has already got an admission in Government Medical College, Nagpur and is pursuing the same. The Petitioner being a permanent resident of a hilly area as notified by the State of Maharashtra, claims eligibility for reservation under the Hilly Area (HA) category. The Petitioner passed his SSC examination in the year 2022 scoring 92.2% marks. He thereafter appeared for the HSC examination in science faculty and passed the same by scoring 90.2% marks in February 2024.

4. The Petitioner, being desirous of pursuing a health science course, appeared for NEET-UG-2024 examination and scored 666 marks out of 720 and secured All India Rank (‘AIR’ for short) 14874. The Petitioner thereafter registered for participation in on-line admission process of 85% State quota conducted by the Respondent No.3 - State CET Cell. The Petitioner, being from HA category has been issued necessary certificate and therefore, registered himself and filled the form under the said category. Thus, the Petitioner belongs to the ‘HA Open category’. In the CAP-1 Round, the Petitioner entered preference for the Respondent No.4 - Topiwala National Medical College, Mumbai (Nair Medical College and Hospital) as preference No.5 and Respondent No.5 - Government Medical College, Nagpur as preference No.8. After CAP-1 Round, one Ms. Saachi Sandesh Parthe having AIR-3649 belonging to the ‘HA category’ was allotted a seat at Nair Medical College, Mumbai under ‘HA Open Women Category’ and the other available ‘HA Open’ seat was allotted to one Ms. Samruddhi Kishor Deshmukh having AIR- 7519. The Petitioner was not satisfied with the allotment during CAP-1 Round and therefore, opted for betterment/up-gradation and again filled his preference opting for Nair Medical College, Mumbai at Sr. No. 5. At the end of CAP-2 Round, the said candidate Ms. Saachi Sandesh Parthe got allotted St. George’ Medical College under ‘HA Open Women Category’ by way of up-gradation.

5. Here begins the dispute by the Petitioner.

6. According to the Petitioner, instead of allotting ‘HA Open Women Category’ seat of Nair Medical College, Mumbai to the next woman candidate i.e. Ms. Samruddhi K. Deshmukh, one Ms. Namisha Jayant Dhake (Respondent No.6) with AIR-16549 was allotted the said ‘HA Open Women Category’ and Ms. Samruddhi K. Deshmukh was retained under the ‘HA Open Category’ in Nair Medical College, Mumbai. This, according to the Petitioner, is not as per rules and regulations and has caused injustice to the Petitioner. According to the Petitioner, the Respondent Nos.2 & 3 i.e. Director, Medical Education and Research (“DMER”, for short) and State CET Cell were required to first exhaust female reservation within HA reservation and then fill up open category seat in HA reservation. Therefore, according to the Petitioner, if Ms. Samruddhi K. Deshmukh was allotted the seat under “HA Open Women Category” of Nair Medical College, then HA Open seat in Nair Medical College would have become available/vacant and would have been then allotted to the Petitioner having AIR-14874. According to the Petitioner, Respondent No.6 having lesser marks (AIR-16549) than the Petitioner, was not entitled to t