The Bombay High Court has ordered that all the applications which are received under the advertisement of the National Eligibility-cum-Entrance Test [NEET(UG)], 2024 or any other similar advertisement seeking the benefit of the Act, shall be subject to the decision of the various petitions challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024.

The Bench of Chief Justice Devendra Kumar Upadhyaya, Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla observed, “In the meantime, having regard to the interim order passed earlier, we provide that if any applications are made pursuant to the advertisement dated 9th February 2024 for admission to undergraduate medicine courses on the basis of [NEET (UG)], 2024 or pursuant to any other such advertisement for making admission to any other educational courses where applicants seek benefit of the impugned enactment, participation of such candidates/applicants shall be subject to further orders which may be passed in these petitions.”

Senior Advocates Arvind Datar, Gopal Sankarnarayanan, Pradeep Sancheti, Anil Anturkar appeared for the Petitioners whereas Senior Advocates Janak Dwarkadas, Anil Singh, V. A. Thorat, Vineet Naik, Dinyar Madon, A. Y. Sakhre, Zal Andhyarujina, Ravi Kadam, Devdutt Kamat, Neeraj Kishan Kaul, Harish N. Salve and Pradeep Sancheti appeared for the Respondents.

In a batch of civil writ petitions, a Division Bench of the Court previously passed an interim order in March 2024 providing therein that if any applications are received under the said advertisement or any other similar advertisement seeking the benefit of the impugned Act, the same shall be subject to further orders which may be passed by the Court. Subsequently, all the PIL Petitions and Civil Writ Petitions were tagged together.

The Court also directed, “We also provide that in case any advertisement has been made after promulgation of the impugned enactment for making any recruitment/appointment in public employment in connection with the affairs of the State, other State instrumentalities and State public undertakings/enterprises, the same shall also be subject to further orders which may be passed in these petitions…It is also directed that all such candidates who may participate in any process of selection either for admission to academic/educational courses or for appointment/recruitment in public employment shall be informed of this order by the authority(ies) concerned forthwith.”

Accordingly, the matter is now listed for a further date for Respondents’ submissions.

Cause Title: Bhausaheb Bhujangrao Pawar v. State of Maharashtra

Appearances:

Petitioners: Senior Advocates Arvind Datar, Gopal Sankarnarayanan, Pradeep Sancheti, Anil Anturkar, Advocates Pallavi Bali, Ashish Mishra, Prathamesh Kamath, Yash Oza, Nizzica Pinto, Vishnudatt Mishra, Ashwin Deshpande, Nihar Chitre, Trisha Chandran, Anshu Deshpande.

Respondents: Senior Advocates Janak Dwarkadas, Anil Singh, V. A. Thorat, Vineet Naik, Dinyar Madon, A. Y. Sakhre, Zal Andhyarujina, Ravi Kadam, Devdutt Kamat, Neeraj Kishan Kaul, Harish N. Salve and Pradeep Sancheti along with AG Dr. Birendra B. Saraf, GP PP Kakade, Addl. GP OA Chandukar, AGP GR Raghuwanshi, Advocates Kavita Dhanuka , Suryajeet P. Chavan and others.

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