The Bombay High Court has directed the Maharashtra government to consider for admission in the state quota Maharashtra-born candidates who have done their schooling elsewhere because of the requirement of the parents' jobs.

A division bench of Justices SV Gangapurwala and Madhav Jamdar on Monday passed the order on a petition filed by two students, children of an Army officer, challenging the eligibility criteria issued by the State Common Entrance Test Cell.

As per the criteria, they were treated as candidates from outside Maharashtra for MAH-CET, an entrance test for the five-year integrated LLB course. The petitioners contended that they did their primary schooling in Pune but later shifted to Delhi where their father was posted, and completed the rest of schooling there.

They should be considered eligible for the 85 per cent quota for Maharashtra students, they said. The bench in its order, made available on Tuesday, noted that the rule that the candidate must have passed 10th and 12th standard exams from Maharashtra was not unreasonable or arbitrary.

‘Further distinction needed’

“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 rigorous 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,” the court said.

"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," it added.

In such cases relaxation can be provided by the state, it said, directing the the state government to consider the petitioners for admission in the Maharashtra quota.

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