MUMBAI: The state directorate of Medical Education and Research (DMER) on Monday filed an affidavit before the Bombay high court to justify its rules mentioned in its ‘information brochure for 2018’ which require medical aspirants to not only be domiciled in the state but to also have done both, Xth and XIIth standard examinations from schools and colleges within Maharashtra to qualify for MBBS seats under the state quota. The government opposed a bunch of petitions challenging the state’s eligibility rules for 2018 admissions, currently on.

The state also said that the Nagpur HC order of June 15 exempting students who have completed SSC or equivalent exams outside Maharashtra, was the result of ‘’concession’’ made by the state’s lawyers who said that the state was “not opposing the petitions challenging the rules’’. The state’s DMER Dr Pravin Shingare, said the state’s lawyer in Nagpur was not authorized, nor instructed by the department to make such a submission and the state was “in the process of challenging the Nagpur HC order’’. that had led to 31 students getting admission already.

While the matter was pending before the Nagpur bench, the state Common Entrance Test cell had on June 13, even issued a notice allowing students who passed SSC level exams from outside Maharashtra to be eligible. It led to 31 such students being selected for MBBS courses including 14 in government colleges and 11 in private. The state, however, issued another notice on July 17 which says that their selection would be “subject to final order of the Bombay HC’’ now.

Opposing a bunch of petitions challenging the eligibility rules, DMER is now saying that since the students “knowingly participated in the admission process… unsuccessful candidate cannot challenge the eligibility criteria.’’

The HC bench of Justices S C Dharmadhikari and Bharati Dangre which was hearing a clutch of petitions transferred from Aurangabad and Nagpur benches too rapped the state for the state of affairs and the prevailing uncertainty the students face. “Why did you allow state of affairs to continue for so long?’’ asked the bench to a government lawyer Jyoti Chavan. assistant government pleader asking her what prevented the DMER from sating We don’t wish to see this situation again and again…We do not want meritorious students to suffer,’’ said the bench while posting the matter for detailed hearing on Tuesday. The large courtroom was packed with students.

There are students who have also filed petitions to intervene and support the state’s rules too. Representing such intervenors, senior counsel Mukesh Vashi said there several Supreme Court rulings and also a recent verdict of Gujarat high court which had upheld similar rules to protect the interest of state students there. Uday Dastane, counsel for students from Nagpur who challenged the state’s rules said that since the state did nothing after the Nagpur bench order exempting students who have completed Xth outside, the order stands. Vijay Thorat, counsel for some students who too got admission, said “students should not be made to suffer now for mistakes of the government.’’ Vashi responded saying, “it is always a vocal minority that overshadows a majority.’’ The bench said that, “the underlying issue here merit based admission.’’ It asked the state lawyer to request advocate general Ashutosh Kumbhakoni to appear and argue the matter observing that it was a “serious business''

At one point, Justice Dharmadhikari said, "next year onward stop this information brochures’’ eliciting claps from students who had packed the large first floor courtroom. The students have a fight on their hand.

