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Tuesday, June 30, 1998

HC comes to the rescue of "ineligible" HSC merit holder

EXPRESS NEWS SERVICE  
MUMBAI, June 29: Rahul Dyandeo Tambade would never have been considered for the common entrance test for admission to medical colleges, regardless of the fact that he had secured 97.67 per cent marks in the Higher Secondary Certificate examinations.

Tambade was denied admission by a Solapur medical college due to a rule which maintained that the applicant must have passed the tenth standard exam (SSC or its equivalent) from the state of Maharashtra.

But after he moved the Bombay High Court against the aforementioned rule, the HC upheld Tambade's plea and directed the college to consider his claim, subject, of course, to the final disposal of the petition.

Tambade passed the higher secondary exam from Barshi in Solapur district. When he sought admission in V M Medical College, Solapur, he was declared ineligible because he had completed his SSC from Meerut.

Tambade studied in the Jawahar Navodaya Vidyalaya at Tulzapur. However, as per a scheme of the Navodaya Vidyalaya group, he had to go out ofMaharashtra. The scheme entailed migration of students from non-Hindi-speaking to Hindi-speaking districts in class ninth and tenth.

Accordingly, Tambade went to Navodaya Vidyalaya in Meerut (Uttar Pradesh). He came back to Maharashtra in the eleventh (Ambajogai) and twelfth (Barshi) classes.

In his petition, Tambade said the government rule necessitating the passing of the SSC exam from Maharashtra was ``unjust and unreasonable,'' more so because had moved out of Maharashtra not out of choice, but due to the school's policy.

Directing the Solapur college to consider Tambade's claim, the division bench of Justice Ashok Agarwal and Ranjana P Desai quoted an earlier apex court ruling which recognised the exception to the aforesaid rule.

The apex court had made an exception in the case of students who were required to go out of India due to their parents' transfer. The judges said Tambade was similarly placed and had gone out of Maharashtra due to the school's policy. The bench added that if Tambade isgranted admission, it will be of a provisional nature, subject to the final outcome of the petition.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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