IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Digitally signed by H RA U H S A E M NB A A N SHA H R N A U A H D S A A E M F NB A A N SHA WRIT PETITION NO. 16743 OF 2024 NADAF Date:

2025.02.28

10:38:53 +0530 Akhilesh Kalyan Chothe ) Age: 17 years, since minor through ) his father Dr. Kalyan Shankar Chothe,) Age: 49, presently residing at Flat ) No. 1203, Madhoor Maitri, ) Co-operative Housing Society, )

Vanvihar Colony, Parijatnagar, ) ... Petitioner Kamgarnagar Road, Nashik-422 007 )

Versus

1. State of Maharashtra )

Through its Department of Medical ) Education & Drugs, Mantralaya, ) Mumbai )

2. Director of Medical Education )

& Research St. Georges' Hospital ) Compound Mumbai )

3. State CET Cell )

Through its' Commissioner, 8^th Floor ) New Excelsior Cinema Building, ) AK Nayak, Marg, Fort, ) Mumbai – 400 001 )

4. Topiwala National Medical College )

Having address at Dr. A.L., ) Dr. Anandrao Nair Marg, ) Mumbai Central, Mumbai-400008 )

5. Government Medical College )

Medical Square, Hanuman Nagar ) Nagpur - 440003 )

6. Namisha Jayant Dhake )

Age: Adult, Residing at C/o.Dr.Jayant) Murlidhar Dhake Gajanan Plaza, ) Behind Veterinary Dispensary, Ashok )

Stambh, Nashik ) ...Respondents WITH INTERIM APPLICATION (ST.) NO. 34620 OF 2024 Akhilesh Kalyan Chothe ) Age: 17 years, since minor through ) his father Dr. Kalyan Shankar Chothe,) Age: 49, presently residing at Flat ) No. 1203, Madhoor Maitri, ) Co-operative Housing Society, ) Vanvihar Colony, Parijatnagar, )

Kamgarnagar Road, Nashik-422 007 ) ... Applicant Versus

1. State of Maharashtra )

Through its Department of Medical ) Education & Drugs, Mantralaya, ) Mumbai )

2. Director of Medical Education )

& Research St. Georges' Hospital ) Compound Mumbai )

3. State CET Cell )

Through its' Commissioner, 8^th Floor ) New Excelsior Cinema Building, ) AK Nayak, Marg, Fort, ) Mumbai – 400 001 )

4. Topiwala National Medical College )

Having address at Dr. A.L., ) Dr. Anandrao Nair Marg, ) Mumbai Central, Mumbai-400008 )

5. Government Medical College )

Medical Square, Hanuman Nagar ) Nagpur - 440003 )

6. Namisha Jayant Dhake )

Age: Adult, Residing at C/o.Dr.Jayant) Murlidhar Dhake Gajanan Plaza, ) Behind Veterinary Dispensary, Ashok ) Stambh, Nashik )

7. Atharva Nitin Chikar ) ...Respondents ***

Ms.Pooja V. Thorat a/w Mr.Amar Bodke, Advocates for the Petitioner/

Applicant.

Mrs.Reena A. Salunkhe, AGP for the Respondent Nos.1 & 2 -State.

Mr.Sameer Khedekar a/w Ms.Bharti Gerella, Advocates for the Respondent No.3 - CET Cell.

Mr.Mayur Sosa a/w Mr.Divakar Rai, Mr.Aditya Rai & Mr.Raj Tamhankar i/b. Mr.Ramchandra Rane, Advocates for the Respondent No.6.

***

CORAM : A.S. CHANDURKAR &

M.M. SATHAYE, JJ.

RESERVED ON : 31ST JANUARY, 2025 PRONOUNCED ON : 27TH FEBRUARY, 2025 JUDGMENT (Per 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