The petition filed by Petitioner, who was denied admission under the 85% Maharashtra state quota for the MBBS course despite his domicile status. The crux of the matter revolves around Kamdi's eligibility to benefit from a specific exception allowing the children of Government of India employees to bypass the requirement of passing the 10th standard (SSC) from a Maharashtra-based school. Kamdi's father, a former BPCL employee, worked outside Maharashtra during his son's 10th standard but later moved back. The court held that the petitioner should not be penalized due to procedural technicalities, affirming his right to admission based on domicile status and the applicable exceptions for children of Government employees.

1. Introduction of the Petition (Para 1-2)
Kamdi filed a petition against the Maharashtra State CET Cell and NKP Salve Medical College for rejecting his eligibility under the 85% state quota for the MBBS course. His rejection was based on him passing his 10th standard outside Maharashtra.

2. Factual Background (Para 3-4)
Kamdi's father, an employee of BPCL, a Government of India undertaking, was posted in Madhya Pradesh. Hence, Kamdi completed his SSC (10th standard) outside Maharashtra but pursued his HSC (12th standard) in Maharashtra.

3. Petitioner’s Argument (Para 5-8)
Kamdi argued that as per Clause 4.8.1 of the admission brochure, children of Government of India employees are exempted from the SSC condition if their parent was transferred back to Maharashtra. Since he satisfied the domicile requirement, he sought relief under this clause.

4. Respondents’ Stand (Para 9-10)
The CET Cell rejected Kamdi’s claim, stating that since his father resigned from BPCL before the document verification, the exemption did not apply.

5. Discussion on Clause 4.8.1 (Para 11-14)
The Court analyzed Clause 4.8.1 of the NEET brochure, which exempts children of Government employees from the SSC requirement if their parents were posted outside Maharashtra during their education. The Court referenced a Supreme Court ruling (Vansh Prakash Dolas case), which held that such conditions are meant to be flexible.

6. Judgment and Rationale (Para 15-17)
The Court concluded that Kamdi was entitled to the benefit of Clause 4.8.1, even though his father resigned shortly before document verification. The rationale was that Kamdi’s situation fits the exception’s purpose—to accommodate children of transferred Government employees. The Court confirmed Kamdi’s provisional admission and directed authorities to finalize it.

Acts and Sections Discussed:

• Clause 4.8.1, NEET-UG 2024 Brochure: Provides exceptions for children of Government of India employees who were transferred back to Maharashtra.
• Clause 4.5 & 4.6, NEET-UG Brochure: General eligibility criteria regarding passing SSC and HSC from Maharashtra.

Ratio Decidendi:

The Court held that the exception under Clause 4.8.1 should be interpreted to grant children of Government employees flexibility, especially when their education was disrupted due to parental job postings outside Maharashtra. Strict interpretation of document verification timelines should not undermine this.

Subjects:

Education, Quota Admission, Government Employee Privileges

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