22002255::BBHHCC--GGOOAA::11550088--DDBB Suzana IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.1822 OF 2025 (FILING)

Niyan Joseph Savio Marchon Son of Aires Marchon, 50 yrs Major of age, Indian National R/o H. No. 168, Marchon Building, 3rd floor, Opp. Lohia Maidan, Mestabhat, Salcete, Margao, South Goa …. Petitioner Versus

1. State of Goa Through Its Chief Secretary, Having office at, Secretariat, Porvorim-Goa.

2. The Director of Technical Education DTE, Building, Alto, Porvorim-Goa. ... Respondents Mr S. S. Kantak, Senior Advocate with Ms Neha Kholkar and Ms Saicha Desai, Advocate for the Petitioner.

Mr Devidas J. Pangam, Advocate General with Mr Shubham S. Priolkar, Additional Government Advocate for the Respondents.

CORAM: BHARATI DANGRE &

NIVEDITA P. MEHTA, JJ.

Reserved on: 07th August, 2025.

Pronounced on: 12th August, 2025.

JUDGMENT: (Per. Bharati Dangre, J.)

1. The Petitioner whose ward, Ms. Asriel Joselie Olinda Marchon, who has appeared for and cleared the National Eligibility Entrance Test (NEET) and an aspirer of securing admission to MBBS, has approached this Court, by invoking the writ jurisdiction for issuance of appropriate writ or order or direction to quash and set aside clause 5.7 of the prospectus issued by Director of Technical Education, Goa, which has reserved 3% seats in favour of Children of Central/State Government Employees and Persons in Private Occupations (CSP).

We have heard learned Senior Counsel, Mr Subodh Kantak for the Petitioner and the learned Advocate General, Mr Pangam, for the Respondent State and Director of Technical Education.

By consent of parties, the Petition is taken up for final hearing on the pleadings being concluded, hence issue 'Rule', which is made returnable forthwith.

2. The Director of Technical Education issued a common prospectus for admission to the First Year of Professional Degree Courses, Session 2025-26, covering various Streams including MBBS, Dentistry, BDS, etc.

The prospectus being placed before us as Exhibit A set out the Rules governing admissions to the Professional Degree Courses including MBBS, BDS, BHMS, BAMS in the Colleges within the State of Goa, make it imperative for all candidates to appear and have a valid score in NEET-UG 2025 and fulfill the eligibility criteria as specified therein. It stipulate that the merit list for the courses will be based on the NEET-UG 2025 score/rank and it prescribe for reservation of seats for the Professional Courses. The eligibility of candidates is set out in Rule 4. What is relevant for our consideration is Rule 5 under the caption, “Classification of Categories”; 5.1 prescribing for 'General Category', to the following effect:

“5.1 CATEGORY 1 – GENERAL An applicant belonging to General Category must have studied and passed Std. XIIth or equivalent examination from schools/colleges in the State of Goa, and must have resided in Goa continuously for a minimum period of 10 years (5 years, for those whose either of the parent/grandparent, is born in Goa), immediately preceding the last date/month of application OR be son/daughter of Government of Goa deputationists or employees posted outside Goa and must have passed the qualifying examination from Central Board of Secondary Education, New Delhi or other recognised State Boards.

An applicant who is found eligible according to the above criterion in a particular year shall continue to be considered as eligible for the subsequent 3 years.”

3. In addition to the aforesaid, the following categories are specified under the distinct heading:- 5.2 Category 2 – SC (2%) 5.3 Category 3 – ST (12%)

5.4 Category 4 – OBC (27%)

5.5 Category 5 – PwD (3%)

5.6 Category 6 – FF (1%)

In continuation, category 5.7 which is subject to challenge in the present Petition read thus:-

“CATEGORY 7 - CSP (3%)

Applicants who don't meet the residential and other requirements of General Category, and whose either of the parents belong to one of the following subcategories, shall be eligible for seats reserved under t