Bombay High Court
Ms. Akshada Nitin Khatavkar And ... vs State Of Maharashtra And Ors on 18 July, 2017
Bench: B.R. Gavai
916-WPST-20071-2017.DOC
Jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 20071 OF 2017
1. Ms. Akshada Nitin Khatavkar
Age 24 yrs., R/at. 514, B-1, Mangalwar
Peth, Satara.
2. Ms. Pranali Shivaji Dhamal
Age 24 Yrs., R/at. Old State Bank Colony,
Laxmi Nagar, Phaltan.
3. Ms. Aishwarya Tukaram Shendage
Age 23 Yrs., R/at. Golibar Maidan, Anu
Niwas, In front of Bhosale Heritage,
Phaltan.
4. Mr. Akshay Balgolda Patil
Age 24 Yrs., R/at. Vasanti Niwas, Plot No.
3909 / 14, Shanti Nagar Colony,
Jaysingpur
5. Mr. Pratik Suresh Chougale
Age 24 Yrs., R/at. Behind DSP Office,
Powar Mala, Kasaba Bawada, Kolhapur
6. Mr. Ashya Anil Jadhav
Age 24 Yrs., R/at. Flat No. F-6, "A" Wing,
Gajwadan Garden Apartment Parasnins
Colony, Sadar Bazar, Satara.
...Petitioners
Versus
1. State of Maharashtra
Through its Department of Higher
Technical Education, Mantralaya, Mumbai.
2. Directorate of Technical Education
Page 1 of 8
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916-WPST-20071-2017.DOC
3, Mahapalika Marg, Opp. Metro Cinema,
Dhobi Talao, Chhatrapati Shivaji Terminus
Area, Mumbai, Maharashtra 400 001.
3. College of Engineering Pune
Shivaji Nagar, Pune 411 005. ...Respondents
Mr. V.M. Thorat, Adv with P.V. Thorat, Adv. for the Petitioners.
Mr. L.M. Acharya, Special Counsel with Mr. C.P. Yadav, AGP
for Respondents Nos.1 & 2.
CORAM: B.R. GAVAI AND
RIYAZ I. CHAGLA, JJ.
DATED: 18th July 2017
J U D G M E N T :- (Per Riyaz I. Chagla J.)
1. Rule. Rule made returnable forthwith. Heard by
consent.
2. The Petitioners have filed the present Petition seeking
directions from this Court, directing the Respondent No.2 to
declare the Petitioners as eligible for appointment to M. Tech
Course in Town and Country Planning and for issuing
appropriate writs and / or orders.
3. The Petitioner No.1 has passed B. Arch Course degree
in April 2015 and Petitioners Nos. 2 to 5 have passed B. Arch
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Course degree in April 2016 and are desirous of pursuing
Post Graduate Course in M. Tech in Town and Country
Planning. The Respondent No.3 College is a renowned
institute established since 1966 and is on complete
Government aid since then and in the year 2003 it has been
declared as Government Aided autonomous institution.
Respondent No.3 College is recognised by the All India
Council for Technical Education ("AICTE"). The AICTE
recognises B. Arch course as a valid and eligible qualifying
degree for the purpose of admission to Post Graduation
Degree of M. Tech in Town and Country Planning.
Respondent No.3 college is bound by the minimum standards
of education described by AICTE. Respondent No.3 college
also recognised the B. Arch degree and was considering the
same as eligible and / or equivalent and / or qualifying degree
for the M. Tech in Town and Country Planning. It was for the
first time in the academic year 2016-2017 that Respondent
No.2 have made candidates having the B. Arch degree
ineligible for the purpose of admission in the M. Tech Course
in Town and Country Planning. A few aggrieved students
approached this Court challenging the action of Respondents
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Nos. 1 and 2 by filing Writ Petition No. 4647 of 2016 before
Nagpur Bench of this Court. The Court by order dated 31st
August 2016 declared the Petitioner who had passed the B.
Arch degree eligible to take admission to the post graduate
degree in M. Tech in Town and Country Planning course at
Respondent No.3 College. The State of Maharashtra filed a
Review challenging said order dated 31st August 2016 before
the same Bench, comprising one of us as member. By order
dated 21st September 2016, this Court did not disturb the
said order which granted eligibility to the Petitioner for taking
admission to the M. Tech in Town and Country Planning
Course. This Court whilst rejecting the Review Petition held
that the B. Arch qualification is sufficient qualification for
admission to the M. Tech in Town and Country Planning
course. The Petitioners are similarly aggrieved by the
decision of Respondent No.3 of not having considered them
eligible for admission to the M. Tech course in Town and
Country Planning course, despite their possessing B. Arch
degree and despite the said order passed by the Nagpur
Bench of this Court. Respondent No.3 has in taking this
decision framed its own eligibility criteria for admission to
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the said M. Tech course and as per criteria a candidate with
B. Arch degree is ineligible to pursue the said M. Tech
Course. The Petitioners whilst filing up their online form for
B. Tech course, noticed that the online form had been
rejected and upon inquiry, the Petitioners were told that B.
Arch degree is not a qualification and / or eligibility criteria for
admission to the said M. Tech Course. The Petitioners have
therefore, filed the present Petition.
4. Shri Thorat, learned counsel for the Petitioners has
contended that this Petition is squarely covered by the order
dated 31st August 2016 passed by the Nagpur Bench of this
Court. Shri Thorat has submitted that by the said order,
similarly placed college students having cleared their B. Arch
degree were declared eligible to the M. Tech degree in Town
and Country Planning course. This order was not vacated by
the subsequent order dated 21st September 2016 passed by
the same Bench of this Court in Review Petition and by the
said order it has been held that the B. Arch degree is a
sufficient qualification for admission to the M. Tech Course.
Shri Thorat has further relied upon the eligibility criteria laid
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down by the AICTE which also provides that the B. Arch
degree is equivalent to B. Tech (Civil) degree and hence
eligible for admission to M. Tech Course in Town and Country
Planning. Shri Thorat relies upon letter dated 21st November
2016 addressed by AICTE to the Respondents Nos. 1 and 2,
which has clarified this position and has referred to the
proceedings which were instituted by the college students
before the Nagpur Bench of this Court which had passed the
above orders.
5. Shri Thorat has contended that Respondent No.3
college is bound by the standards laid down by the AICTE for
technical courses. Shri Thorat has accordingly contended
that the present Petition ought to be allowed and the
Petitioners be declared eligible for admission to the M. Tech
in Town and Country Planning course.
6. Mr. Acharya, learned Special counsel appearing for the
Respondents Nos. 1 and 2 has accepted that this Petition
would be covered by the order passed by this Court Nagpur
Bench (Supra). Shri Acharya has, however, contended that
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admission to the B. Tech course would be granted provided
the Petitioners meet with the eligibility on merit.
7. We are of the considered view that the order dated 31st
August 2016 as well as the subsequent order dated 21st
September 2016 passed by this Court at Nagpur Bench
squarely cover the present Petition. By the said orders, the
Nagpur Bench had decided this issue viz. the Petitioners
having passed the B. Arch degree would be eligible for
getting admission to the M. Tech in Town and Country
Planning course. We are of the view that the AICTE has also
taken a view that B. Arch degree is equivalent to the B. Tech
(Civil) degree and hence eligible for admission to the M. Tech
in Town and Planning Course. The Respondent No.3 college
would accordingly be bound by the view taken by the AICTE.
This has been well settled in the judgment of Apex Court in
the case of State of T.N. & Anr., Vs. Adhiyaman
Educational & Research Institute & Ors. 1 which has held
that AICTE will have primacy in such matters, being an expert
body.
1 (1995) 4 SCC 104.
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8. We accordingly pass the following order:-
(a) It is held and declared that the Petitioners who
possesses a B. Arch Degree are eligible for
admission for M. Tech Course in Town and
Country Planning.
(b) The Respondent No.3 is directed to forthwith
admit the Petitioners to the M. Tech course in
Town and Country Planning, if the Petitioners are
otherwise eligible in accordance with their merit.
(c) Hence the Writ Petition is allowed.
(RIYAZ I. CHAGLA J.) ( B.R. GAVAI J.)
18th July 2017
