All petitioners are not domiciles of State of Maharashtra; however, they are admitted to MBBS course situated in the state and have passed the same exam and completed the internship in Maharashtra
The Bombay High Court, on Thursday, set aside a rule framed by the Maharashtra Government, making it mandatory for candidates to be domicile of Maharashtra to be held eligible for admission to post-graduate, medical and dental courses.
A division bench of Justice BR Gavai and Justice BP Colabawala passed the order while hearing a petition filed by several doctors through their advocate VM Thorat and advocate Pooja Thorat. The court held the rules framed under the act to be not as per settled proposition as laid down by the Supreme Court, said Thorat. The order will benefit around 400 students who become ineligible for admission because of the rule.
"All petitioners are not domiciles of State of Maharashtra; however, they are admitted to MBBS course situated in the state and have passed the same exam and completed the internship in Maharashtra. Thus, if they are able to complete the undergraduate courses, and held ineligible for pursuing them, they are left with no alternative except to challenge the same," the petition read.
The petitioners prayed that the court quashes and set aside a notice dated 15.11.2017 issued by the director of Medical Education & Research, making the criteria for domicile compulsory. They also requested to declare that the petitioners and the students, who have passed their MBBS examination from the State of Maharashtra, are entitled to pursue the post-graduate courses form the State of Maharashtra. They further urged the authorities to consider the petitioners and all other students who have passed MBBS course from the colleges in Maharashtra.
ON LEAGL STAGE
- The court held the rules framed under the act to be not as per settled proposition as laid down by the Supreme Court, a petitioner’s counsel said.
- Order will benefit around 400 students who become ineligible for admission because of the rule, he said.
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