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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition NO. 5106 OF 2015
MAHARASHTRA MEDICAL EDUCATION AND
RESEARCH CENTRE AND ANR. ...Petitioner(s)
Versus
STATE OF MAHARASHTRA THROUGH
ITS PRINCIPAL SECRETARY, MEDICAL
EDUCATION DEPT. AND ORS. ...Respondent(s)
ig WITH
Writ Petition NO. 5107 OF 2015
THE ASSOCIATION OF MUSLIM MINORITYS
MEDICAL EDUCATIONAL OF MAHARASHTRA, PUNE ...Petitioner(s)
Versus
STATE OF MAHARASHTRA THROUGH
ITS PRINCIPAL SECRETARY, MEDICAL
EDUCATION DEPT. AND ORS. ...Respondent(s)
Mr. S. N. Biradar for the petitioners in both matters.
Mr. Anil Singh, Advocate General with Mr. C. P. Yadav, AGP for
respondents 1 and 2 in both matters.
Mr. Ajay Magdum i/by Mr. S.S. Patwardhan for respondent No.3 in
both matters.
CORAM: ANOOP V. MOHTA AND
A. A. SAYED, JJ.
DATE : August 26, 2015 ORAL JUDGMENT (Per Anoop V. Mohta,J.):
The Petitioners are minority institutions and have been 1/8 ::: Downloaded on - 31/08/2015 23:55:56 ::: dgm 2 3-wp-5106-15 with wp-5107-15.sxw imparting technical education - professional courses, after obtaining requisite permissions and approvals since many years.
Based upon the orders passed by this Court including the Supreme Court, they have been conducting separate CET/CAP which is required for selecting the meritorious students and transparency in selection process.
2 The Petitioners, therefore, have applied for similar permission for academic year 2015-2016 on respective dates. Those permissions were not granted by the then existing Pravesh Niyantran Samiti (Medical Education) (PNS)-Respondent No.3 by respective orders. Hence these Petitions filed prior to 12 May 2015.
3 The State of Maharashtra (The State) on 12 May 2015 promulgated an Ordinance called "Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Ordinance, 2015" (The Ordinance) for regulation of admissions and fees of Unaided Private Professional Educational Institutions in the State of Maharashtra and for matters connected therewith or incidental thereto.
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4 By notification dated 17 August 2015, the Ordinance is
converted into Maharashtra Act No. XXVIII of 2015 - "Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015" (The Act). The State is therefore required to take all necessary steps, to implement the scheme of the Act effectively in every respect including the regularisation of admissions and fees even by unaided private professional educational institutions. This Act also covers the aspect of Common Entrance Test (CET)/CAP and all related mechanisms and the machineries.
5 The State in both these matters have filed an affidavit in reply dated 26 August 2015. Considering the interest of students and to avoid further delay and in the interest of justice only for academic year 2015-2016, made the arrangements, by stating in paragraphs 3, 5 and 6 as under:
"3. I further submit that during the deliberations held with the Senior Officials of the Higher and Technical Education Department, who has processed the said Ordinance and the Act, had clarified with respect to inclusion of provision of sub section 7 of Section 10 of the Ordinance. I say that as per clarification now given by the Higher and Technical Education Department, the Affidavit dated 27.7.2015 filed by me in the above matter is hereby withdrawing un-conditionally. Therefore, after the discussion with the Higher authorities of the Higher and Technical 3/8 ::: Downloaded on - 31/08/2015 23:55:56 ::: dgm 4 3-wp-5106-15 with wp-5107-15.sxw Education Department, I am filing this Affidavit to place on record the stand of the Government and interpretation of provisio of sub section 7 of section 10 and the intention and object of the State with respect to the said provisio of the Ordinance/Act.
5. I say and submit that considering various facts stated in para 4 hereinabove, the State Government vide G.R dated 3.7.2015 has approved creation of posts for the said CET Cell, Admissions Regulating Authority and Fee Regulating Authority. I further say and submit that the State Government has vide Government order dated 3.7.2015 appointed the officer as a Commissioner of State CET. I also say and submit that as it would take some time to constitute the admission regulating authority and the fee regulating authority, the Government has given extension vide orders dated 8.7.2015 to the erstwhile Pravesh Niyantran Samiti and Shikshan Shulka Samiti and decided that these then existing Samities shall discharge the functions of regulating the admission and fees for the different private professional courses under the said Ordinance. Therefore, Government has taken all possible immediate steps to implement various provisions under the said Ordinance in true letter and spirit, so that various provisions under the ordinance other than Section 10 could be implemented from academic year, 2015-2016 with immediate effect.
6. I say and submit that considering the various facts as stated above and the real intention of the Government including the legislature with respect to inclusion of provisio to sub section 7 of section 10 of the said Act, is to have smooth conduct of CET and CAP for academic year, 2015-2016, in the manner as it was being conducted prior to the Ordinance. As the petitioner, institution has been allowed to conduct their own CET by the order of this Hon'ble Court as well as the Hon'ble Apex Court prior to the promulgation of 4/8 ::: Downloaded on - 31/08/2015 23:55:56 ::: dgm 5 3-wp-5106-15 with wp-5107-15.sxw the said Ordinance. Therefore, considering the interpretation of the aforesaid provisio and the intention of the legislature, the admission process should not affect due to the promulgation of this Ordinance for the academic year, 2015-2016. In view of these said facts, the petitioner may be allowed to conduct their own CET and CAP. Else the Directorate of Medical Education and Research can provide the detailed list of all those eligible candidates who appeared for the Government Medical CET (MH-CET) and from this list, the petitioner can choose the required number of candidates to enrol into their institutions on the basis of the merit. While doing so, as the petitioner is a minority institution, it is expected that from the proposed said list of candidates, firstly the minority candidates need to be admitted and if seats remain vacant, thereafter, may be filled from general category."
6 In view of the affidavits filed on record and considering the interest of students at large and as urgent attention is required to conduct, by private unaided institutions their own CET and CAP and as the same was earlier practice based upon the Supreme Court judgments, till the date of Ordinance and now Act, we see there is no reason now to delay and/or postpone the procedure for conducting private owned CET/CAP, specifically for want of full mechanism/machinery, under the provisions of the Ordinance/Act.
7 Submission is also made by the learned counsel
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appearing for the Petitioners that it would not be practicable for them to accept the alternate suggestion given by the State and to implement the same as was not done at any earlier point of time, specifically at this stage of fag end of the academic year 2015-2016 in question. Therefore, to avoid further complications, they have submitted that for this year also the earlier year's practice of conducting their own CET/CAP be permitted.
8The learned Advocate General appearing for State of Maharashtra, in view of the averments so made and quoted, also conceded to the position that the State has no objection for the same in view of the circumstances so referred above, and to avoid further delay and in the interest of students, to permit the Petitioners and/or such unaided institutions to conduct their own CET/CAP.
9 The learned Advocate General also makes position clear that this arrangement is only for academic year 2015-2016. In next year, the provisions of the Act will be applicable in every respect. The State has been taking effective steps for the proper and effective implementation of the scheme and object of the Act.
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10 There is no challenge to the provisions of the Ordinance
and the Act. We are also not dealing with the same, even
otherwise. However, considering the interest of all and in view of
the affidavit so filed by the State and as all the parties consented and by keeping all points open, we are inclined to disposed of these Petitions by passing the following order :
ig ORDER
(i) The rejection orders passed by the then
existing Pravesh Niyantran Samiti dated 16.01.2015 are quashed and set aside in both the matters.
(ii) The Petitioners are permitted to conduct its own CET followed by CAP for the academic year 2015-
2016 for their respective under-graduate and post graduate courses, in accordance with law and the practice so adopted last year.
(iii) It is made clear that the above arrangement is only for academic year 2015-2016. For next year, the provisions of Act will be applicable in every respect.
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(iv) All points are kept open.
(v) Both the writ petitions are accordingly disposed of.
(vi) No costs.
(A. A. SAYED, J.) (ANOOP V. MOHTA, J.)
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