NEET 2017: Bombay HC grants relief to health science aspirants with domicile certificates

The court has directed the state government to not insist on the requirement for a student to have passed SSC examination from an institution situated in the state, according to a newly introduced change in the application conditions.

By: Express News Service | Mumbai | Updated: July 17, 2017 12:06 pm
NEET 2017 Change of rules, Health science courses, Indian Express news NEET 2017: A division bench heard petitions challenging a clause which has made it mandatory for an applicant to have passed SSC or equivalent examination from an institute situated in Maharashtra besides possessing a domicile certificate.

The Aurangabad bench of the Bombay High Court recently provided relief to students applying for health science courses for 2017-18. Their applications were not being accepted owing to changes in rules under NEET UG-2017. The court has directed the sinsist tate government to not on the requirement for a student to have passed SSC examination from an institution situated in the state, according to a newly introduced change in the application conditions.

A division bench of Justice Anoop Mohta and Justice Sunil Kotwal was hearing petitions filed by several students, challenging a newly introduced clause of NEET UG-2017, which has made it mandatory for an applicant to have passed SSC or equivalent examination from an institute situated in Maharashtra besides possessing a domicile certificate. The students, all of whom have domicile certificate of Maharashtra, have completed their secondary education from outside the state.

“In our view, such eleventh hour change of criteria is unjust, unreasonable and affects the rights of further study so contemplated. These rights just cannot be taken away by the state or respective authority by implementing such condition though they have power and authority to bring in and amend the policy decision. The government and other authorities need to take steps to bring such policy after giving appropriate due public notice to the concerned students, so that before joining the course or Class X within or outside the state of Maharashtra, they would be in a position to take effective decisions in advance,” said the bench. Read | MCC: NEET 2017 first allotment result 2017 declared, where and how to check result, click here

The court observed that the imposition of such clause in 2017 should not be the hurdle for getting admission to the courses by the candidates who have passed SCC or equivalent examination from the institutions situated outside the state specifically when they are in a possession of domicile certificate of the state, as required under the earlier requirement.

“We are inclined to grant relief to petitioners and direct for acceptance of the application forms filed by such petitioners without insistence for SSC or equivalent examination certificate from an institution situated in the state… Such restrictive rule cannot be made applicable retrospectively to take away the accrued rights of students,” added the High Court.

The court said the question of validity of the clause is kept open. “It is made clear that in view of the above, we are inclined to observe that the state government, Director of Medical and Education Research, commissioner, Common Entrance Cell, Mumbai, and Medical Council of India to take note of the situation and the order so that apart from the petitioners, all other similarly situated students would be benefited and they also will be in a position to apply, accordingly,” said Justice Kotwal.

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