Bombay High Court
Kishor S/O. Vasantrao Bharskar ... vs State Of Maharashtra Thr. ... on 10 August, 2016
Bench: V.A. Naik
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
Writ Petition No. 4244 of 2016
Petitioners : 1) Kishor son of Vasantrao Bharskar, aged about
32 years, Occ: Student, residen of Nageshwar
Krupa, Jawahar Nagar, Akola
2) Saqib Ahmed Abdul Habib Qureshi, aged about
25 years, Occ: Student, resident of Qureshi Nagar,
Ward No. 15, Nandura, District Buldana
3) Mohd. Irshad Mohd. Afsar, aged 26 years, Occ:
Student, resident of Jama Masjid Chowk, Mahan,
Tahsil Barshi Takli, District Akola
4) Ku Vidya d/o Narendra Dalu, aged about 28
years, Occ: Student, resident of Dwarka Nagari,
Akola
5) Neelima Shridharpant Khumkar, aged about 40
years, Occ: student of Dwarka Nagari, Akola
versus
Respondents : 1) State of Maharashtra, through its Secretary,
Department of Technical Education, Mantralaya,
Mumbai-32
2) Director of Technical Education, Maharashtra
State, Mantralaya, Mumbai-32
::: Uploaded on - 16/08/2016 ::: Downloaded on - 16/08/2016 23:59:04 :::
2
3) Maharashtra State Secondary & Higher
Secondary Board, through its Divisional Secretary,
Nagpur Division, Nagpur
4) State Common Entrance Test Cell,
305, Government Polytechnic Building, 49,
Kherwadi, Bandra (East), Mumbai
Shri R. R. Vyas, Advocate for petitioners
Shri V. P. Gangane, Asst. Government Pleader for respondent nos. 1,2, 4
Shri Anand Parchure, Advocate for respondent no. 3
--------
Coram : Smt Vasanti A Naik And
Mrs Swapna Joshi, JJ
Dated : 10th August 2016
Oral Judgment (Per Smt Vasanti A Naik, J)
Rule. Rule made returnable forthwith. The writ petition is heard finally
with the consent of the learned counsel for the parties.
2. By this writ petition, the petitioners challenge the action on the part of
the respondent no. 2-Director of Technical Education, Maharashtra State in not
considering the candidature of the candidates like the petitioners that had
passed the subjects of Physics, Chemistry and Biology or Physics, Chemistry and
Mathematics in isolation after passing the Higher Secondary School Certificate
Examination in the streams like commerce or Arts.
3. The petitioners are the students that have passed their HSSC examination
in Arts and Commerce stream. With a view to secure admission to pharmacy
courses, the petitioners appeared at the HSSC examination by taking up the
subjects of physics, chemistry and biology or physics, chemistry and
mathematics in isolation, after they had secured the HSS Certuificate with Arts
or Commerce subjects. It is the case of the petitioners that till last year, the
respondent no. 2 had permitted the admissions of candidates like the petitioners
that had passed the subjects of physics, chemistry and biology or physics,
chemistry and mathematics after securing the HSS Certificate. According to the
petitioners, as per the rules for admission to the Diploma in Pharmacy course, a
candidate is required to secure the HSS Certificate with physics and chemistry
as compulsory subjects and optional subject of either mathematics or biology
from the recognized institution from the State of Maharashtra. According to the
petitioners, the State Board of Higher Secondary Education for the various
divisions, is a recognized Board as far as the State of Maharashtra is concerned.
It is submitted that merely because the petitioners had subsequently appeared at
the HSC examination with the subjects of Physics, Chemistry and Biology or
Physics, Chemistry and Mathematics after passing the HSSC examination in
Commerce or Arts stream, they would not be disentitled to the admission to
Diploma in Pharmacy course. It is stated that the petitioners have passed the
HSS certificate examination by taking up the subjects of Physics, Chemistry and
Biology or Physics, Chemistry and Mathematics and, therefore, as per the
Admission Rules, the petitioners are entitled for admission to the pharmacy
courses. It is stated that the respondent no. 2 cannot discriminate between the
students who have passed the HSSC examination in the first instance by taking
up the aforesaid subjects and the students that had passed the HSSC
examination by taking up the aforesaid subjects additionally.
4. Since we had found that the petitioners had made out a strong prima
facie case in favour of the petitioners, by an order dated 26.7.2016, while
issuing the notice to the respondents, we had directed the respondent nos. 1, 2
and 4 to provisionally consider the candidature of the petitioners for admission
to the Diploma in Pharmacy course. The candidature of the petitioners is,
therefore, considered by the respondent nos. 1, 2 and 4.
5.
After the notice was served, the respondents no. 1, 2 and 4 have come up
with the case that the candidature of the petitioners was rejected in view of the
qualification prescribed by the AICTE. It is submitted that for admission to the
pharmacy course, a candidate would be required to pass 10 + 2 examination
with physics and chemistry as compulsory subjects along with one of the
subjects of either mathematics or biology (Botany and Zoology). It is stated that
the petitioners have not passed the HSSC examination with the aforesaid
subjects when they first appeared for the HSSC examination and in order to
join the pharmacy course, they have appeared at the HSSC examination in the
subjects of Physics, Chemistry and Mathematics or Physics, Chemistry and
Biology in isolation. It is stated that the respondent no. 2 believed that as per
the qualifications prescribed by the AICTE, the petitioners would not be entitled
to admission to the pharmacy course and hence, the respondent no. 2 had
refused the admission to the petitioners. It is stated that if the State Board of
Secondary and Higher Secondary Education certifies that the subjects taken up
by the petitioners as isolated subjects are equivalent to the subjects as
mentioned by the AICTC Approval Hand Book 2016-17, the petitioners would
be eligible for admission to the 1st year D. Pharm. course.
6. Shri Parchure, the learned counsel for the Board makes a statement, on
instructions, that the Board certifies that the subjects taken up by the petitioners
as isolated subjects are equivalent to the regular subjects that are taken up by
the students who appear for the first time at the HSSC examination, with those
subjects.
7. On hearing the learned counsel for the parties, we find that the relief
sought by the petitioners needs to be granted in view of the statement made on
behalf of the respondent no. 2 as also the respondent no. 3-Board. Since the
respondent nos. 1,2 and 4 were reeling under the impression that the subjects
taken up by the petitioners in isolation were not equivalent to the subjects that
are taken up by the students while appearing at the HSSC examination initially
with science subjects, the respondent no. 2 had rejected the candidature of the
petitioners for admission to the pharmacy course. We do not find anything the
Approval Hand Book 2016-17 of the AICTE that disqualifies a candidate, who
has passed the subjects of physics, chemistry and mathematics or physics,
chemistry and biology in isolation. The respondent no. 3 Board has also
certified that the subjects taken up by the candidates like the petitioners in
isolation are equivalent to the subjects that are taken up by the regular students
who appear at the HSSC examination with science subjects. Since the
respondent no. 2 does not have any objection to admit such students, if it is
certified by the respondent no. 3-Board and since the Board has certified, as
aforesaid, it would be necessary to allow the writ petition in view of the
statements made on behalf of the respondent no. 2 and the respondent no. 3.
8. Hence, for the reasons aforesaid, it is hereby declared that the petitioners
are eligible for admission to Diploma in Pharmacy course in the academic
session 2016-17. The respondent nos. 1, 2 and 4 are, therefore, directed to
consider the applications of the petitioners for admission to the said course and
admit them in the colleges of their choice, in accordance with their merit.
Rule is made absolute in the above terms with no order as to costs.
SWAPNA JOSHI, J
ig VASANTI A NAIK, J
joshi
Certificate
I certify that this Judgment uploaded is a true and correct copy of the original signed
judgment.
Uploaded by -
H S Joshi, Private Secretary to Hon'ble Judge
Uploaded on - 16.8.2016.
