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2018 DIGILAW 1441 (BOM)

Ammara Mehmood Kauchali v. State Of Maharashtra

2018-06-19

BHARATI H.DANGRE, S.C.DHARMADHIKARI

body2018
ORDER 1. In all these Petitions the issue of legality and validity of Rule 4.5 and Rule 4.17 of the Rules and which are styled as the NEET-UG-2018 Rules contained in the Information Brochure of Preference System for admission to Health Sciences Course in State Government/Corporation/Private and Minority Colleges. A copy of these Rules is annexed to the Writ Petitions as Exhibit ''D'' page 29 and the impugned Rules appeared at pages 36 and 40 of the paper-book. 2. Our attention has been drawn by the learned AGP to a notice which has been issued by the Commissioner and the Competent Authority, State Common Entrance Test Cell, Mumbai. This Notice reads as under :- " As mentioned in Information Brochure of NEET-UG-2018 for admission to State Quota in Health Sciences Courses in the State of Maharashtra the eligibilities are mentioned in Rule No. 4.2, 4.5 and 4.6 as under :- " The student must be domiciled in the State of Maharashtra and must have passed the SSC and HSC examination from an Institution situated in the State of Maharashtra." Hon''ble High Court, Bombay, Bench at Nagpur directed in interim order dated 11/06/2018 in Writ Petition No. 3164/2018 & Others as under- "The Candidate who have passed SSC or equivalent examination from an Institution situated outside the State of Maharashtra is also eligible subject to final decision in said petition, provided he/she has passed HSC or qualifying examination from an Institution situated in the State of Maharashtra and also possess Domicile Certificate of the State of Maharashtra." All such candidates who become eligible as per Hon''ble High Court order and could not fill online registration form till 12/06/2018 of NEET-UG-2018 for Maharashtra State Quota can register online from 13/06/2018 to 17/06/2018. However, the last date i.e. 17/06/2018 will not be extended." 3. In view of this notice the grievance of the Petitioners in these Petitions has been redressed of course subject to the final orders in the pending Writ Petitions. 4. After our attention was invited to this notice and Mr. Thorat appearing for the Petitioners fairly stating that there are similar Petitions pending before the Bench of this Court at Aurangabad and Nagpur, we are of the opinion that to avoid conflicting orders and directions, it would be desirable if these Petitions are heard at one place and by one Bench. Thorat appearing for the Petitioners fairly stating that there are similar Petitions pending before the Bench of this Court at Aurangabad and Nagpur, we are of the opinion that to avoid conflicting orders and directions, it would be desirable if these Petitions are heard at one place and by one Bench. Let the papers and proceedings in these matters be placed before the Hon''ble the Acting Chief Justice by the Registry so that suitable orders and directions are obtained by the Registry to club all these Petitions either before a Bench at the Principal Seat or otherwise. To this course both the Petitioners and the State are agreeable. Let the Registry take the directions before 20 June 2018.