S.V.Gangapurwala, J
1 Rule.
Rule is made returnable forthwith. By consent of the parties, taken up for final disposal at the stage of admission.
2 The Petitioners assail eligibility criteria in the Notification issued by Respondent No.2 to the extent that same treats the Petitioners as outside
Maharashtra candidates for admission to the MAH-CET Examination for the 5 years integrated LLB Course. The Petitioners further seek directions
that they may be treated as within the State candidates in category-A of the Notification.
3 The Petitioners are the wards of an Army Officer. The Petitioners have completed 10th and 12th Examination from Army Public School, Dhaula
Kuan, New Delhi. It is the case of the Petitioners that due to various postings of their father, the Petitioners have been pursuing their education in the
Army Public School, Dhaula Kuan, New Delhi. They have studied in 4th and t5h Standard at Pune, State of Maharashtra. The Petitioners have not
passed 10th and 12th standard Examination from the recognized institution within the State of Maharashtra, hence, are not considered in the 85%
quota reserved for the students of the State of Maharashtra.
4 Dr. Chandrachud, learned Advocate for the Petitioners eruditely canvassed the following propositions :
The Petitioners are born in Maharashtra. Their parents are also born in Maharashtra. Their parents have property in Maharashtra. Yet, the Petitioners
are not being considered from the State of Maharashtra only because they were compelled to attend 10th and 12th standard at Delhi. The father of
the Petitioners being in the office of the Defence Forces, is deployed at various locations throughout the country. They had passed 10th and 12th
standard at Delhi only on account of the deployment of their father at various locations throughout the country. The Petitioners cannot be deprived of
equal opportunity of education in their parent State only on account of their father being an Officer in Defence Forces and being deployed at various
locations throughout the country. The same is unreasonable. The learned Advocate submits that any reservation based on domicile and residence is
entirely a separate infringement. It is clear departure from field of justice, fairness and reasonableness guaranteed by the rule of law. There is no
justification to validate reservation on the basis of domicile, which is neither connected to the place of birth, intention to reside at a particular place, but
only limited to completion of 10th and 12th standard within the State, especially in respect of wards of armed forces personnel. Deprivation of seats at
educational institutions of national importance to deserving and meritorious candidates merely because they have completed their 10th and 12th
standard outside the State creates an unjustified classification which offends Article 14 of the Constitution of India. Eligibility criteria based on the
Board exams within the State, especially the candidates who are wards of central Government employees, such as Armed Forces Personnel, who are
deployed throughout the country in service to the nation is likely to deprive the candidates of CBSE Board, from pursuing the integrated 5 years law
under graduate course in Maharashtra Law Colleges, as against the other students who have completed the said exams within the State who shall be
facilitated as much as 85% reservations in merit to colleges within the State. Thus, the reservation policy to this extent is discriminatory and needs to
be altered to facilitate the students from all Boards, especially the CBSE students to be counted as candidates not from outside the State but within the
State, especially since the other criteria of domicile, in its basic definition is satisfied by the Petitioners.
The learned Advocate further submits that in this case, the father of the Petitioners is serving the Nation and for that purpose had to be deployed at
various places. It would be arbitrary and unreasonable not to consider the Petitioners from Maharashtra State quota though they are born in
Maharashtra, their parents are born in Maharashtra, their properties are in Maharashtra. The learned Advocate relied upon the judgment of the apex
court in the case of Meenakshi Malik Vs. Univesity of Delhi & Ors. 1989(3) SCC 112 and submits that the apex court in the said case held that the
condition that the last two years education should be received in school in Delhi should be considered as not applicable to the students who were
compelled to leave India as their parents being posted outside India by the Government.
He also relies on the judgment of the Division Bench of this Court in the case of Rajiv Purshottam Wadhwa Vs. State of Maharashtra 2000 SCC
OnLine Bom 359and submits that in the said case after retirement the father of the Petitioner therein had taken employment in Dubai. The Petitioner
completed his 10th standard examination in Dubai. The Rules prescribed that to be considered as student from Maharashtra quota, the 10th and 12th
standard examination shall be passed in the State of Maharashtra. The apex court, in the said case held that the condition that the students shall pass
10th standard from the institution within the State of Maharashtra shall not operate to bar the student who is domiciled and/or permanent resident of
State of Maharashtra. Due to fortuitous circumstances the students may not have passed 10th standard from the institution within the State of
Maharashtra. According to the learned Counsel, in the present case, it is because of the fortuitous circumstances, the Petitioners were required to
take education in 10th and 12th standard from outside the State of Maharashtra. Reliance is also placed on the judgment of the Division Bench of this
Court in the case of Archana Sudhakar Mandulkar Vs. Dean, Govt. Medical College, Nagpur and Ors. 1989(3) SCC 112 The learned Counsel
submits that in the said case, the Division Bench of this Court held that the requirement of passing Indian School Certificate Examination from an
institution located in Maharashtra State is not intended to be applied to the candidates covered by Rule B(3). Servicemen have no control on posting
which can be anywhere, including Maharashtra. Rule of denial of admission to a meritorious son / daughter of a serviceman who is domicile of
Maharashtra only because of a fortuitous circumstance of his being not posted at the time of his ward studying in 12th standard within the State of
Maharashtra cannot have any nexus to the object of the Rule. Mere chance cannot be a valid disqualifying factor. Such a Rule will be arbitrary and
unreasonable.
5 Mr. Khedekar, learned Advocate for Respondent No.2 lucidly submits that the Rule is not discriminatory nor arbitrary. Such Rules have been held to
be valid. The learned Advocate relies on the judgment of the Division Bench of this Court in case of Yellamalli Venkatapriyanka Vs. State of
Maharashtra and Anr. 2018 (6) AIR 323 and submits that the Division Bench considering the judgment of the apex court in the case of Anant
Madaan and Others Vs. State of Haryana 1995 AIR 955 had held that the preference in admission on the basis of residence as well as institutional
preference is permissible. The Division Bench of this Court in the said case held that the Rule of preference on the basis of domicile / requirement of
residence is not banned, provided it is within reasonable limits i.e. it does not result in reservation of more than 85% seats in graduate courses and
more than 75% seats in post graduate courses. It had distinguished the judgment in the case of Rajiv Purshottam Wadhwa (supra) relied on by the
Petitioner. The challenge to the Rules has been negatived by this Court. He submits that in the said case also before the Division Bench, the Petitioner
was born in the State of Maharashtra. She was domicile of Maharashtra. She had completed 10th standard from Mumbai (State of Maharashtra) and
due to some reasons she was sent to Kerala to pursue her 11th and 12th class studies, still this Court held that as she had not completed 12th standard
from the institution within the State of Maharashtra, she was not eligible. In the present case, the Petitioners have not studied 10th and 12th standard
from the State of Maharashtra.
6 Before we proceed to appreciate the submissions of the learned Advocates for the parties, it would be appropriate to reproduce the relevant Rules
of admission, which is as under:
“Candidature Types :
(1) Eligibility Criteria for Maharashtra State Candidature Candidates : -
For Five Year Integrated Degree Course (LL. B-5 Yrs.):
(A) The candidates passing SSC and HSC Examination from a recognized institution in Maharashtra State or the candidates passing
equivalent examination (such as 11+l, A level in Senior Secondary School Leaving Certificate Course) from a recognized Board/University
of India or outside or from Secondary Board or equivalent, constituted or recognized by the Union or by a State Government, which is in
Maharashtra; and
(a) Maharashtra State Candidature Type-A:
A candidate who is Domicile of Maharashtra (Candidate should have Domicile Certificate from the State of Maharashtra) or born in
Maharashtra (Candidate should have a Birth Certificate mentioning the Place of Birth which is in Maharashtra).
Explanation:
1. If candidate has completed his/her SSC and HSC or Equivalent Qualifying Examination from the State of Maharashtra, but are not born
in Maharashtra or Candidate does not Possess the Domicile Certificate from the State of Maharashtra, then such candidates are not
eligible for Maharashtra State Candidature Type-A. They should fill the CET Application form as a Out Side Maharashtra State
Candidature Type Candidates i.e. All India Candidature Type.
2. If candidate has completed his/her SSC & HSC or Equivalent Qualifying Examination from the State of Maharashtra, and are not born in
Maharashtra but Candidate has a Domicile Certificate from the State of Maharashtra then such candidates are eligible for Maharashtra
State Candidature Type-A. They should fill the CET Application form as Maharashtra State Candidature Type-A.
3. Candidates who are born in Maharashtra or Candidate having the Domicile Certificate from the State of Maharashtra but have not
completed his/her SSC & HSC or Equivalent Qualifying Examination from the State of Maharashtra, then such candidates are not eligible
for Maharashtra State Candidature Type-A. They should fill the CET Application form as an Out Side Maharashtra State Candidature
(OMS) Type Candidates i.e. All India Candidature Type.
b. Maharashtra State Candidature Type-B: the Father or Mother of the Candidate is domiciled in the State of Maharashtra (Either father or
Mother of the candidate should have a domicile certificate from the state of Maharashtra if candidate is not born in Maharashtra/
Candidate does not possess domicile certificate from the state of Maharashtra).
Explanation: -
1. If candidate has not completed his/her SSC & HSC or Equivalent Qualifying Examination from the State of Maharashtra, then such
Candidates are not eligible for Maharashtra State Candidature Type-B though candidates father or Mother Possess the Domicile Certificate
from the State of Maharashtra. They should fill the CET Application form as an Out Side Maharashtra State Candidature Type Candidates
i.e. All India Candidature Type.
2. If candidate has completed SSC & HSC from the State of Maharashtra & candidate does not possess domicile certificate from the state of
Maharashtra or Birth Certificate from the State of Maharashtra but Candidate's Father or Mother Possess Domicile Certificate from the
state of Maharashtra, then such candidates are eligible for Maharashtra State Candidature Type-B. Such candidate should fill the CET
application form as a Maharashtra State Candidature type.
c. Maharashtra State Candidature Type-C: - the Father or Mother of the Candidate is an employee of the Government of India or
Government of India Undertaking who is posted and reported to duty in the Maharashtra State before the last date for submitting the
Application Form for CAP, provided candidate should have completed his/her SSC & HSC from the State of Maharashtra.
Explanation:-
1. If candidate has not completed his/her SSC & HSC or Equivalent Qualifying Examination from the state of Maharashtra, then such
candidates are not eligible for Maharashtra State Candidature Type-C. They should fill the CET Application form as an Out Side
Maharashtra State Candidature Type Candidates i.e. All India Candidature Type.
2. If candidate has completed his/her SSC & HSC or Equivalent Qualifying Examination from the State of Maharashtra, & Candidate's
Father or Mother is an employee of the Govt. of India OR Government of India Undertaking who is posted and reported to duty in the
Maharashtra State before the last date for submitting the Application Form for CAP, then such Candidates are eligible for Maharashtra
State Candidature Type-C. They should fill the CET Application form as a Maharashtra State Candidature Type.
d. Maharashtra State Candidature Type-D: - the Father or Mother of the Candidate is an employee of the Government of Maharashtra or
Government of Maharashtra Undertaking (Provided Candidate should have completed his/her SSC & HSC or Equivalent qualifying
examination from the State of Maharashtra).
Explanation:
1. If the Candidate has not completed his/her SSC & HSC or Equivalent qualifying examination from the State of Maharashtra, then such
candidates are not eligible for Maharashtra State Candidature Type-D. They should fill the CET Application form as an Out Side
Maharashtra State Candidature Type Candidates i.e. All India Candidature Type.
2. If candidate has completed his/her SSC & HSC or Equivalent Qualifying Examination from the State of Maharashtra, & Father or
Mother of the Candidate is an employee ot the Government of Maharashtra or Government of Maharashtra Undertaking, then such
candidates are eligible for Maharashtra State Candidature Type-D. They should fill the CET Application form as a Maharashtra State
Candidature Type.
e. Maharashtra State Candidature Type-E: -
The candidates passing SSC and or HSC Examination or Equivalent Examination from a recognized institution from a disputed
Maharashtra-Karnataka Border Area and whose Mother tongue is Marathi.
Explanation-
1. The candidates who have not completed SSC and HSC Examination or Equivalent Qualifying Examination from a recognized institution
from a disputed Maharashtra-Karnataka Border Area and whose Mother tongue is not Marathi, such candidates come under Out Side
Maharashtra State Candidature Type. They should fill the CET Application form as an Out Side Maharashtra State Candidature Type. i.e.
All India Candidature Type.
(2) All India Candidature (Out Side Maharashtra State Candidature Type): - The Candidates having Indian Nationality are eligible under
this Category (Candidate should have Domicile Certificate from the State where candidate belongs or Candidate should have a Birth
certificate issued by the respective State Government). OMS [Out Side Maharashtra State] candidates i.e. All India Candidature candidates
should ill their CET application form in Open Category.
Explanation:-
A) Candidates who have completed their SSC and HSC or Equivalent qualifying examination from Out Side Maharashtra State & born Out
Side Maharashtra & having a birth certificate issued by the respective State Government or they possess Domicile certificate from the
respective State are come under All India Candidature candidate i.e. Out Side Maharashtra State Candidature Type.
B) Candidates who have completed their SSC and HSC or Equivalent qualifying examination from Out Side Maharashtra State but Born in
Maharashtra & having a birth certificate issued by the Govt of Maharashtra or they possess domicile certificate from the Govt of
Maharashtra State are come under All India Candidature candidate i.e. Out Side Maharashtra State Candidature Type.
C) Candidates who have completed their SSC and HSC or Equivalent qualifying examination from the State of Maharashtra but they are not
Born in Maharashtra & does not possess a birth certificate issued by the Govt of Maharashtra or they do not possess Domicile Certificate
from the Govt of Maharashtra State are come under All India Candidature candidate i.e. Out Side Maharashtra State Candidature Type.â€
7 The amended admission rules are in force since the year 2017. The Petitioners are desirous of seeking admission for 5 years integrated degree
course (LLB â€" 5 years). 85% of seats are reserved for Maharashtra State Candidature and 15% for all over India quota. The qualifying
examination is SSC and HSC or equivalent qualifying examination.
8 It does not appear to be a matter of dispute that the Petitioners are born in State of Maharashtra. The parents of the Petitioners are born in State of
Maharashtra, the parents of the Petitioners posses the property at Pune, State of Maharashtra. The father of the Petitioners is an Army Officer in the
defence forces and is deployed at various locations throughout the country. The Petitioners are born in Pune on 26th August 2004. From 2003-2012
the father of the Petitioners was posted at Jhansi, Baramulla, Meerut and Gujarat. From 2012 he was posted at Pune. The Petitioners, as such, studied
in 4th and 5th standard in Pune. Then again in 2015, the Petitioners’ father was transferred to State of Jammu & Kashmir. The family shifted to
Delhi. Then from 2017 to 2020, the Petitioners’ father was posted in Delhi and presently he is posted in eastern part of India. The Petitioners
completed their 10th and 12th standard from Army School in Delhi. The aforesaid are the admitted facts.
9 It is also to be accepted that the Petitioners had no real choice and were compelled to study outside the State of Maharashtra for major part of their
educational career, as the father of the Petitioners was an Army Officer. By the very nature of his service, the Petitioners’ father was required to
be deployed and posted in various parts of India as culled out above. It is because of the fortuitous circumstances, the Petitioners’ father, at the
time the Petitioners were studying in 10th and 12th standard was not posted within the State of Maharashtra, the Petitioners could not take education
in 10th and 12th standard from the institution within the State of Maharashtra.
10 The Rules of admission to the Educational Institutions, such as MBBS, Post Graduate Medical Admission have undergone challenge in various
petitions. The Rules have been held to be valid.
11 In case of Archana Sudhakar Mandulkar (supra) the Division Bench of this Court held that the requirement of passing Indian School Certificate
Examination from an institution located in Maharashtra State is not intended to be applied to the candidates covered by Rule B(3). Servicemen have
no control on posting which can be anywhere, including Maharashtra. Rule of denial of admission to a meritorious son / daughter of a serviceman who
is domicile of Maharashtra only because of a fortuitous circumstance of his being not posted at the time of his ward studying in 12th standard within
the State of Maharashtra cannot have any nexus to the object of the Rule. Mere chance cannot be a valid disqualifying factor.
12 The apex court, in the case of Meenakshi Malik (supra) observed that the condition that last two years’ education should be received in school
in Delhi should be considered as non applicable to the students who had to leave India as their parents being posted outside India by the Government.
13 The Division bench of this Court in case of Rajiv Purshottam Wadhwa (Supra) interpreted Rule 4.4 of the Rules framed by the Maharashtra
University of Health Sciences for admission to the medical colleges in the State to mean that the students will be eligible to the admission to the first
year medical course in the State if such student has passed 10th standard from the institution within the State of Maharashtra. However, this will not
operate a bar to student who is domicile or is a permanent resident of State of Maharashtra for seeking admission though he or she may not have
passed SSC examination from the institution within the State of Maharashtra. In the said case the student had passed his 10th standard from Dubai
and 11th and 12th standard from the institution in Mumbai (State of Maharashtra). The Division Bench observed that the State Government can
consider for grant of admission to the students who are domiciled and/or permanent resident of State of Maharashtra but due to fortuitous
circumstances may not have passed 10th standard examination within the State. The Petitioner’s father therein joined defence services in the
Indian Air Force and he retired in June 1979. Upon retirement, the Petitioner’s father took up an employment at the Airport at Dubai. The
Petitioner was born in 1982 and completed his education till 10th standard in Dubai and took admission to 11th standard at Kirti College, Dadar,
Mumbai and completed his 11th and 12th standard from the institution in the State of Maharashtra.
14 Per contra, in case of Yellamalli Venkatapriyanka (supra), the Division Bench considered various judgments of the apex court and had negatived
the challenge to the Rule which required 10th and
12 th standard to be passed from the Institution within the State of Maharashtra to claim the benefit of State quota. In the said judgment, the Court
distinguished the judgment of the Division Bench of this Court in case of Rajiv Purshottam Wadhwa (supra).
15 The apex court in case of Dr. Tanvi Behl Vs. Shrey Goel and Ors. (2020) 13 SCC 675 has referred the following issues to the larger Bench.
25. Accordingly we would propose the following questions to be examined by a larger Bench of this Court:
25.1. As to whether providing for domicile/residence-based reservation in admission to ""PG medical courses"" within the State quota is
constitutionally invalid and is impermissible?
25.2. (a) If answer to the first question is in the negative and if domicile/residence -based reservation in admission to ""PG medical courses
is permissible, what should be the extent and manner of providing such domicile/residence-based reservation for admission to ""PG medical
courses"" within the State quota seats?
25.2. (6) Again, if domicile/residence-based reservation in admission to PG medical courses"" is permissible, considering that all the
admissions are to be based on the merit and rank obtained in NEET, what should be the modality of providing such domicile/residence-
based reservation in relation to the State/e UT having only one medical college?
25.3. If answer to the first question is in the affirmative and if domicile/residence-based reservation in admission to ""PG medical courses"" is
impermissible, as to how the State quota seats, other than the permissible institutional preference seats, are to be filled up?
16 The said case was with regard to the post graduate medical admission.
17 The Petitioners are born in Maharashtra. For Maharashtra State Candidature Type-A, two criteria are laid down viz. the candidate is domiciled in
Maharashtra or born in Maharashtra. Explanation 3 to Rule 3.2(A)(a) further provides that the candidates who were born in Maharashtra but have not
completed their SSC or HSC or equivalent qualifying examination from the State of Maharashtra are not eligible for Maharashtra State Candidature
Type A. This explanation 3 to Rule 3.2(A)(a) takes away the right of a candidate born in Maharashtra or domiciled in Maharashtra from applying as a
Maharashtra State Candidature Type-A if he has not completed his SSC and HSC or equivalent qualifying examination from an institution located in
the State of Maharashtra. Whereas, under the Maharashtra State Candidature Type-C, if father or mother of the Petitioner is an employee of the
Government of India or Government of India Undertaking who is posted and reported to duty in Maharashtra State before the last date of submission
of form for CAP, provided the candidate should have completed SSC and HSC can apply for Maharashtra State quota. In that case, it is not
necessary that the candidate or the father should be domicile or born in Maharashtra.
18 Perusal of the said Rules, it is manifest that the prima donna consideration for applying from the Maharashtra State quota is that the candidate
should have passed 10th and 12th standard examination from the institution located within the State of Maharashtra. If the candidate has not passed
his 10th and 12th standard from the State of Maharashtra then though the candidate or his parents are domiciled in the State of Maharashtra and /or
candidate is born in Maharashtra, he is not to be considered from the State quota. The said Rule would undermine the domicile based reservation. The
Maharashtra State Candidature Type-A is meant for the candidate who is domiciled in Maharashtra or born in Maharashtra. However, further
condition of passing 10th and 12th standard examination from the institution within the State of Maharashtra would debar a candidate who is domiciled
or born in Maharashtra from taking admission even if because of the fortuitous circumstances he could not take education in 10th and 12th standard
from the State of Maharashtra. The present case would be an illustration of the same. The parents of the Petitioners are born in Maharashtra, they
are permanent residents of Maharashtra, they have immovable property situated at Pune, State of Maharashtra, the Petitioners are born in
Maharashtra, however, because the father of the Petitioners is in service of the nation viz. Officer in Army, is deployed throughout the country and as
observed above was deployed after the birth of the Petitioners, at various States. The Petitioners could not complete 10th and 12th standard from the
State of Maharashtra. At the time the Petitioners took admission in 10th standard the father of the Petitioners was posted in Delhi and immediately, it
appears, he was transferred to the eastern region of the country and in that circumstance, the Petitioners had to complete their 10th and 12th standard
from Delhi. When the Petitioners were in 4th and 5th standard, the father of the Petitioners was posted in Pune, Maharashtra and they took education
in 4th and 5th standard from Pune, Maharashtra. The Rule, in itself may not be ultra vires. Some standards will have to be set for a domicile based
reservation. The condition that candidate passing 10th and 12th standard from State of Maharashtra may not be unreasonable or arbitrary. However,
further distinction or exception will have to be made. There may be cases where the candidate / student does not have a choice, such as the rigours
service conditions of the parents by virtue of which they are posted throughout the country in the service of the nation and; other, who voluntarily for
their business or any other purposes, go to other State. In the former, it would be an involuntary and compelling circumstances, whereas in latter, it
would be a voluntary act. The State ought to consider the cases of the candidates who are domiciled in Maharashtra or born in Maharashtra but
because of the fortuitous circumstances, such as the service conditions of the parents who are in service of the nation are required to be deployed
outside the State. In such cases, relaxation can be provided by the State Government to such candidates of non completing SSC and HSC from the
State of Maharashtra. If such exception or relaxation is not provided, the same would be harsh and would be disentitling the candidates domiciled in
Maharashtra or born in Maharashtra from taking benefit of Maharashtra State quota. On the other hand, even if the candidate or the parents are not
domicile of Maharashtra nor born in Maharashtra but are employees of the Government of India and have joined the duty in Maharashtra State just
before filling in form of CAP round and the candidate appears in SSC and HSC examination from the State of Maharashtra would be eligible for
admission from the Maharashtra State quota.
19 The benefit of Maharashtra State quota is extended (by an exception) to the candidates whose father or mother is in Government of India service
and is transferred just prior to filling in the CAP round by the candidate and the candidate who has done only his 10th and 12th standard from the State
of Maharashtra would be eligible to be considered for the Maharashtra State though not domiciled in Maharashtra and the candidates who are born in
Maharashtra or whose parents are born in Maharashtra and domiciled in Maharashtra and are Government of India employee but because of their
posting outside the State of Maharashtra, the candidate could not study his 10th and 12th standard from State of Maharashtra is precluded from taking
admission from the Maharashtra State quota. The same would be unreasonable. Basically, the Maharashtra State quota is to be provided for the
persons domiciled, born in the State of Maharashtra. The factual matrix in case of Meenakshi Malik (supra) decided by the apex court and in case of
Archana Sudhakar Mandulkar (supra) are similar to the facts of the present case.
20 In case of Rachana Sanjay Kuwar Vs. State of Maharashtra 2022 SCC OnLine Bom 530 the Division Bench of this Court to which one of us
(S.V.Gangapurwala,J.) was a party, had not permitted the candidate to be considered from Maharashtra State quota. In the said case, the candidate
had immovable property at Shahada. The father of the Petitioner was scientist in the Department of Government of India. The Petitioner passed her
SSC and HSC examination from Bhopal. The Petitioner therein sought admission from the Maharashtra State quota. this Court denied the relief to the
Petitioner therein as the Petitioner had not challenged the regulations and the rules of the Maharashtra Unaided Private Professional Educational
Institutions (Regulations of Administrator to the Full Time Professional Undergraduate Medical and Dental Course) 2016.
21 In the present case, the Rules are challenged. In view of the aforesaid discussion though we hold that Rules are not ultra vires, however, we may
hasten to add that same needs to be read down to provide relaxation or exemption for those candidates who are born in Maharashtra and whose
parents are domicile of Maharashtra but due to fortuitous circumstances such as the parent is in service of the Government and serving the nation and
due to service condition is deployed in various parts of the country could not complete their SSC or HSC from State of Maharashtra.
22 In the light of the above, the Respondents shall consider the Petitioners for admission from the Maharashtra State quota.
23 Rule is made absolute in the aforesaid terms.
24 The Writ Petition stands disposed of accordingly. No costs.
