HC declines relief on domicile must for med college admissions

The Bombay High Court today refused to grant interim stay on a recent rule of the Maharashtra government which makes domicile certificate mandatory for 85 per cent seats in medical and dental colleges in the state.
A division bench of Chief Justice Manjula Chellur and Justice M S Sonak was hearing a batch of petitions filed by a certain private unaided medical and dental colleges and minority colleges in Maharashtra challenging the domicile requirement.
"We are declining interim relief sought by the petitioners to stay the government rule making domicile requirement mandatory. We do not want to interfere with the government decision at this stage," the bench said.

The court admitted all the petitions and will take these up for final hearing after three weeks. The court also vacated the stay on admission process which it had granted earlier.
Admission to medical and dental colleges will now happen as per the new domicile certificate rule. With this order, private unaided medical and dental colleges will not be able to admit students from outside Maharashtra at least for the next academic year.
The state government had put a condition by which domicile certificate of Maharashtra was mandatory to seek admission to 85 per cent seats in medical and dental colleges.

The state government had earlier argued that state domicile rules are required to protect the interest of students from Maharashtra who cannot take admissions in other states owing to similar policies in place by them.

Acting Advocate General Rohit Deo had argued that the domicile restriction cannot exceed 85 per cent. The remaining 15 per cent is the institutional quota. Such institutes cannot demand another 15 per cent for all India quota beyond this.
Advocate V M Thorat, appearing for the petitioners, argued that if the colleges have to admit 85 per cent students as per the domicile requirement then such colleges are bound to lose their reputation by admitting less meritorious students.

After the court refused to grant interim relief, Thorat said they would approach the Supreme Court.