Mr. Ammar Firoz Khan v. State Of Maharashtra Thr Its Dept Of Medical Education And Reserch And ORS

904,WPNo.126212022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

RAJU DATTATRAYA GAIKWAD CIVIL APPELLATE JURISDICTION RAJU DATTATRAYA GAIKWAD Date: 2022.10.28 11:03:30 +0530 WRIT PETITION NO. 12621 OF 2022 Mr. Ammar Firoz Khan ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents Ms. P. V. Thorat a/w. Mr. Amar Bodke, Advocate for the Petitioner.

Mr. S. B. Kalel, AGP for the Respondents/State. Mr. Sameer Khedekar, Advocate for Respondent No.3. Mr. Rui Rodrigues a/w. Mr. Ashutosh Misra, Advocate for Respondent Nos.4 and 5/UOI.

Mr. Ganesh K. Gole a/w. Mr. Ritesh Ratnam, Advocate for Respondent No.6/NMC.

CORAM:

S.V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED :

OCTOBER 21, 2022 P.C.

1.

The petitioner seeks declaration that the petitioner is eligible to the MBBS, BDS and other heath science courses in the academic year 2022-23.

2.

The petitioner has passed 12th Standard in the year 2022 and thereafter has passed additional biology subject subsequently. It is submitted that the petitioner is eligible. 3.

The application of the petitioner is accepted by the respondents. The Information Bulletin for NEET(UG) 2022 clarified in Note as under :

Gaikwad RD 1/2

904,WPNo.126212022.doc "NOTE : The proviso in italics has been a subject mater of challenge before the Hon'ble high Court of Delhi, Hon'be High Curt of Allahabad, Lucknow Bench, and Hon'ble High Court of Madhya Pradesh at Jabalpur.

The provisions of the regulations disqualifying recognized Open School Board candidates and the candidates who have studied Biology/Biotechnology as an Additional Subject has been struck down. The Medical Council of India has preferred Special Leave Petitions before the Hon'ble Supreme Curt and Appeals in the Hon'ble High Courts. Therefore the candidature of candidates in the NEET (UG) - 2022 who have passed the qualifying examination i.e. Class 12 from National Institute of Open Schooling or State Open Schools or as private candidates from recognized State Board; or with biology/Biotechnology as an additional subject shall be allowed but subject to the outcome of Special Leave Petitions/Appeals filed by the Medical Council of India)"

(Already bold in Original) 4.

In view of the above, the writ petition is disposed. (R. N. LADDHA, J.) (S.V. GANGAPURWALA, J.) Gaikwad RD 2/2