The main legal point established in the judgment is that Rule 4.4 should be interpreted to allow students who are domiciled in or are permanent residents of the State of Maharashtra to be eligible for admission, even if they have not passed the S.S.C. Examination from an institution within the State. The State Government is permitted to frame rules and/or guidelines to determine eligibility based on domicile or permanent residency.

Headnote:
Rule 4.4 - Constitutional Validity - Rules 4.4, 4.5, 4.8, 4.9 - The Rules for Admission framed by the Maharashtra University of Health Sciences for the year 2000-2001 require students to have passed the 10th Standard (S.S.C. or Equivalent Examination) from an institution within the State of Maharashtra. However, students who are domiciled in or are permanent residents of the State of Maharashtra may still be eligible for admission, even if they have not passed the S.S.C. Examination from an institution within the State. The State Government is permitted to frame rules and/or guidelines to determine eligibility based on domicile or permanent residency. The case of each student claiming eligibility under the guidelines and/or Rules shall be considered by the University based on the guidelines or Rules in the facts and circumstances of each case. The observance of Rule 4.5, which requires passing the 12th Standard Examination, is also mandated.
Fact of the Case:

The petitioner sought to challenge the Constitutional validity of Rule 4.4 of the rules framed by the Maharashtra University of Health Sciences, which required candidates seeking admission to courses in Health Sciences for the academic year 2000-2001 to have passed the S.S.C. Examination from an institution situated in the State of Maharashtra. The petitioner, a permanent resident of Maharashtra, had not passed the S.S.C. Examination from an institution within the State.
Finding of the Court:

The Court interpreted Rule 4.4 to mean that students will be eligible for admission if they have passed the 10th Standard Examination from an institution within the State of Maharashtra. However, students who are domiciled in or are permanent residents of the State of Maharashtra may still be eligible for admission, even if they have not passed the S.S.C. Examination from an institution within the State. The State Government is permitted to frame rules and/or guidelines to determine eligibility based on domicile or permanent residency. The case of each student claiming eligibility under the guidelines and/or Rules shall be considered by the University based on the guidelines or Rules in the facts and circumstances of each case. The observance of Rule 4.5, which requires passing the 12th Standard Examination, is also mandated.
Issues: The issues included the constitutional validity of Rule 4.4, the alleged discrimination between students based on their parents' employment, the requirement of passing the S.S.C. Examination from an institution within the State, and the plea of promissory estoppel.
Ratio Decidendi: The Court held that Rule 4.4 should be interpreted to allow students who are domiciled in or are permanent residents of the State of Maharashtra to be eligible for admission, even if they have not passed the S.S.C. Examination from an institution within the State. The State Government is permitted to frame rules and/or guidelines to determine eligibility based on domicile or permanent residency. The case of each student claiming eligibility under the guidelines and/or Rules shall be considered by the University based on the guidelines or Rules in the facts and circumstances of each case. The observance of Rule 4.5, which requires passing the 12th Standard Examination, is also mandated.
Final Decision: The Court directed that Rule 4.4 should be interpreted to allow students who are domiciled in or are permanent residents of the State of Maharashtra to be eligible for admission, even if they have not passed the S.S.C. Examination from an institution within the State. The State Government is permitted to frame rules and/or guidelines to determine eligibility based on domicile or permanent residency. The case of each student claiming eligibility under the guidelines and/or Rules shall be considered by the University based on the guidelines or Rules in the facts and circumstances of each case. The observance of Rule 4.5, which requires passing the 12th Standard Examination, is also mandated.

JUDGMENT- Dr. D.Y. CHANDRACHUD, J.:---Rule, returnable forthwith. Respondents waive service. By consent taken up for final hearing.

A CONSPECTUS OF THE CASE.

By this writ petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the Constitutional validity of Rule 4.4 of the rules framed by the Maharashtra University of Health Sciences governing admissions to courses in Health Sciences in the State. Rule 4.4, which is the subject-matter of controversy provides that a candidate seeking admission to courses in Health Sciences for academic year 2000-2001 would be eligible for admission only if he or she has passed the S.S.C. Examination from an institution situated in the State of Maharashtra. Rule 4.5 similarly requires as a condition of eligibility that every candidate must have passed the Higher Secondary Certificate or equivalent examination from an institution situated in the State of Maharashtra. The petitioner, seeks to impugn the validity of Rule 4.4 and it is with this challenge that the petition is concerned. At the outset, it must be clarified that Rule 4.5 which requires the passing of the H.S.C. examination or an equivalent examination is not under consideration. The H.S.C. examination is the qualifying examination for admission to medical courses and the passing of that examination from the State of Maharashtra is thus a valid requirement of eligibility.

2. Briefly put, the case of the petitioner is thus:

The father as well as the mother of the petitioner were born in Maharashtra. After completing S.S.C. in 1983 from the Pune Board the petitioner's father joined the defence services as a radar operator in the Indian Air Force. The petitioner's father served in the Air Force until 26th June, 1979 when he retired. Upon retirement from the Air Force the petitioner's father took up employment at the Airport at Dubai. The petitioner was born on 26th September, 1982 and completed his education until 10th Standard in Dubai. In March, 1998 the petitioner passed the 10th Standard Examination held in Dubai and conducted by the Central Board of Secondary Education, New Delhi. The petitioner sought and obtained admission to the 11th Standard Course at Kirti College, Dadar, Mumbai. The petitioner passed the 11th Standard in May, 1999 after which he was admitted to the Higher Secondary course in the 12th Standard.

THE RULES FOR ADMISSION

3. For the years 1995-96 and 1996-97 the following Rules had been framed by the State Government for admission to Medical Courses.

1995-96

“3.3.1 H.S.C. OR EQUIVALENT EXAMINATION.

An applicant must have passed Higher Secondary Certificate (12th Standard Science) examination of the Maharashtra State Board of Secondary and Higher Secondary Education or the Indian School Certificate Examination (12th Std. Science) or any other equivalent examination from an institution situated in the State of Maharashtra.

3.3.2. S.S.C. OR EQUIVALENT EXAMINATION.

In addition to the qualification mentioned above, only those applicants will be held eligible for selection to the Medical and Dental Colleges, who have passed the S.S.C. or Senior Cambridge or Indian School Certificates or equivalent examination from any of the recognised schools in the State of Maharashtra.

3.3.3.2. The applicants who have passed S.S.C. (or equivalent) and/or H.S.C. (or equivalent) examination from an institution situated outside Maharashtra and whose parents are domicile of Maharashtra State will be eligible for admission in relaxation of para 3.3.3. and/or 3.3.2.

Rules for the year 1996-97

3.3.1. H.S.C. OR EQUIVALENT EXAMINATION

An applicant must have passed Higher Secondary Certificate (12th Standard Science) Examination of the Maharashtra State Board of Secondary and Higher Secondary Education or the Indian School Certificate Examination (12th Standard Science) or any other equivalent examination from an institution situated in the State of Maharashtra.

3.3.2. S.S.C. OR EQUIVALENT EXAMINATION

In addition to

Click Here to Read the rest of this document

2000 Supreme(Bom) 433

Cases Referred (5)