BOMBAY HIGH COURT
S. G. Ghosh, J
Ms. Anagha – Appellant
Versus
Mr. Hrishikesh – Respondent
Writ Petition No.2435/2024 (F) | Writ Petition No.2460/2024 (F)
1. These petitions are decided by a common judgment. The petitioner Ms. Anagha in Writ Petition No.2435/2024 (F) seeks admission to the M.B.B.S. course contending that she should be treated as a resident of Goa for the purpose of the Rules. The petitioner Mr. Hrishikesh in the connected Writ Petition No.2460/2024 (F) challenges the residence certificate issued in favour of Ms. Anagha. Mr. Hrishikesh says that if Ms. Anagha's petition is dismissed, it is he who will be allotted the seat for the first year M.B.B.S. course.
2. We refer to the facts in Ms. Anagha's writ petition. By this petition filed under Art.226 of the Constitution of India, the petitioner prays for a direction to the respondent No.3 to accept the admission form of the petitioner and admit her for the first - year professional degree course of M.B.B.S. at the institution of respondent No.4 - the Dean, Goa Medical College, Bambolim, Goa (GMC for short). The petitioner is aggrieved by the fact that the respondent No.3 - the Director, Directorate of Technical Education, Porvorim Goa has not granted admission to the petitioner for the course of M.B.B.S. to be pursued at the GMC.
3. The petitioner's paternal grandfather served the Electricity Department, Government of Goa since 1965 after migrating from Karwar till his retirement in the year 2000 as an Executive Engineer. Petitioner's father though was born in Karwar, State of Karnataka, has been residing in Goa since birth with his father who was employed with the Government of Goa. Petitioner's father joined the Electricity Department, Government of Goa in the year 1997 as Junior Engineer and was further promoted to the post of Assistant Engineer in the year 2021. Petitioner's father is presently posted at the Head Oice at Vidyut Bhavan, Panaji. Petitioner's father is permanently residing at the address mentioned in the cause - title.
4. Petitioner's parents were married in December 2001 and the said marriage was registered in the State of Goa. The petitioner was born on 08.07.2006 in the State of Goa. The petitioner including her parents have been issued a ration card by the Department of Civil Supplies and Consumer Afairs in respect of House No.43 at Ganganagar, Curti, Ponda. The petitioner belongs to the Other Backward Class (OBC) category. Petitioner's mother was appointed as Assistant Grade - 2 in the Nuclear Power Corporation of India Limited situated at Kaiga, Uttar Kannada District, Karwar, Karnataka and presently working as Senior Assistant Grade - 2 (F and A).
5. The petitioner pursued her studies from Std. Ist to Std. Xth at the Atomic Energy Central School, Kaiga situated at Karwar, which is around 100 kms. from The petitioner's place of residence in Goa. The petitioner was staying with her mother in the Government allotted quarters at Kaiga. Being a girl child, The petitioner spent her early schooling years with her mother at Kaiga. The petitioner completed her secondary school examination in the year 2022 from Atomic Energy Central School, Kaiga situated at Karwar and passed with high grades. Upon completion of her secondary education, she requested for transfer certificate which was issued by the school at Kaiga on 12.08.2022 in order to pursue her higher secondary education in Goa and accordingly got herself admitted in the Mushtifund Aryan Higher Secondary School situated at Santa Cruz, Panaji. The petitioner completed her higher secondary education from the said higher secondary school in Goa.
6. The petitioner wanted to pursue her studies in M.B.B.S. in GMC which is affiliated to respondent No.2 - Goa University (University for short). The petitioner being interested in pursuing M.B.B.S. degree, undertook intense preparations and appeared for NEET Examination, 2024. She scored 538 marks at the NEET Examination and had an overall All India Ranking of 153220.
7. The GMC invited applications for admission for the 1st year of professional degree courses viz. M.B.B.S., B.D.S., etc. for the academic year 2
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