HC exempts minority students from domicile cert for under-grad courses

HC exempts minority students from domicile cert for under-grad courses

Mumbai: The Bombay high court on Thursday exempted minority students from producing domicile certificates (DC) to apply under the minority quota to full-time professional undergraduate degree and other courses.

A bench of Justices Anoop Mohta and Girish Kulkarni chided the state government for, at the 'eleventh hour', imposing conditions that will make students ineligible to the minority quota, to which they are entitled.

The court heard petitions from four students from Borivli, stating that the May 31 brochure of the Department of Higher & Technical Education makes domicile certificate mandatory only for minorities and the physically challenged. Their advocate, C K Thomas, argued that they have birth, school and college leaving certificates indicating their place of birth in Maharashtra. He said that as they did not have DCs, their applications were not considered under the minority quota, and they have been treated under the general category. "This is gross discrimination against students belonging to minority communities, both religious and linguistic. They are deprived of their right to apply and secure a seat under the minority quota,'' said Thomas.

The government's advocate, L M Acharya, defended the brochure, saying it was "reasonable classification'', and students should have obtained DCs in advance. Justice Kulkarni said, "You are taking away the rights of minority students to apply for minority seats. You cannot put them in the general category.'' Justice Mohta added, "You have published the brochure at the eleventh hour. You cannot put such conditions which will make students ineligible to a category to which they are entitled to.''

The bench said since the admission process was on, it will not be possible for candidates to get the DCs produced immediately, as their applications were pending with the tehsildar. They directed that the (online) applications for admission filed by "minority candidates be treated provisionally as applications under the minority quota subject to final decision". During verification of documents, candidates may submit their birth or school/college leaving certificate or receipt of application made to the tehsildar for the DC. Also, students who have not applied may do so within a week. The judges clarified that the order was applicable only for the current academic year.

Source | Times of India | 17 June 2016

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