Bombay High Court
Seva Mandal Education Society'S ... vs The State Of Maharashtra And 3 Ors on 7 December, 2021
Bench: R.D. Dhanuka, R. N. Laddha
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.537 OF 2014
WITH
NOTICE OF MOTION NO.164 OF 2018
WITH
CHAMBER SUMMONS NO.261 OF 2017
AND
INTERIM APPLICATION (LODGING) NO.11231 OF 2018
Seva Mandal Education Society's
College of Nursing & Anr. ...Petitioners
V/s.
The State of Maharashtra & Ors. ...Respondents
Mr.Prosper D'Souza for the Petitioners / Applicants.
Mr.Kedar Dighe, AGP or the Respondent Nos.1 and 2.
Mr.Ahjit M. Savagave for the Respondent Nos.3.
Mr.R.V. Govilkar with Mr.Mihir Govilkar and Ms.Shaba N. Khan for
the Respondent No.4.
CORAM : R.D. DHANUKA &
R.N. LADDHA, JJ.
DATE : 7TH DECEMBER, 2021.
P.C. :-
1. By this petition filed under Article 226 of the Constitution of
India, the petitioners seek a writ of certiorari for quashing and setting
aside the decision of the respondent no.3 dated 25 th October, 2013
thereby rejecting the application / representation made by the
petitioners for permission to conduct Common Entrance Test (CET)
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of the students to B.Sc. Nursing Course for academic year 2013-
2014 as minority institution. The petitioners seek a writ of mandamus
for permitting the petitioners to hold Common Entrance Test (CET)
for the admission to the first year B.Sc. Nursing Course to admit the
minority students and also to permit the petitioners to fill the seats
remaining vacant after admission of the students from the non-
minority students who had appeared for the CET conducted by the
petitioners.
2. The petitioner no.1 is Nursing College conducting B.Sc.
Nursing Course established by the petitioner no.2. The petitioner
no.1 was granted minority certificate on 18 th January, 2011 and
conducted B.Sc. Nursing Course with the capacity of 40 students.
The Indian Nursing Council vide letter dated 28 th February, 2012
issued to the respondent nos.1 and 2 and the Maharashtra University
Council granted permission to conduct B.Sc. Nursing Course with
effect from the academic year 2011-2012 with an intake of 40 seats.
3. The Maharashtra University Council vide letter dated 19 th
August, 2013 has duly recorded continuation of affiliation to the
B.Sc. Nursing Course being conducted by the petitioner no.1 and
published a timetable / programme for admissions to the B.Sc.
Nursing Course in respect of the petitioner no.1 Institution. As per the
notification those students who have appeared in the NEET - UG
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were eligible to make application to the petitioner institution as per
the timetable specified. The petitioner institution accordingly issued
an advertisement inviting applications from the eligible students on
28th September, 2013 who have appeared for the NEET-UG. The
petitioner institution however, could get 13 students out of 40 total
sanctioned seats on 30th September, 2013 by which NEET-UG
admission process came to an end as per the prescribed timetable.
The said 13 students were accordingly granted admission strictly as
per merit.
4. Remaining seats were vacant in the petitioner no.1
institution. The petitioner no.1 thereafter applied for permission to
hold CET of its own. Such application / representation however was
rejected by the authority on 25th October, 2013. The petitioners thus
filed this petition.
5. This Court passed an interim order on 12th December,
2013 after adverting to a later judgment delivered after the judgment
of the Hon'ble Supreme Court in case of Islamic Academy vs. State
of Karnataka, (2003) 6 SC 697 and held that the Apex Court has
clearly held that CET can be conducted by the Minority Institutes.
This Court also adverted to the judgment dated 4th September, 2013
in Writ Petition (Lodging) No.1970 of 2013 permitting the petitioner to
conduct CET in that writ petition. This Court granted ad-interim stay
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to the impugned order dated 25th September, 2013 and permitted the
petitioner to conduct Common Entrance Test for admission to the
first year B.Sc. Nursing Course for the academic year 2013-2014 for
minority students. This Court however, had clarified that the students
who would pass the said CET and would be given admission in the
said course, would be subject to further orders that would be passed
in this petition.
6. Mr.D'Souza, learned counsel appearing for the petitioners
on instructions states that pursuant to the said ad-interim order
passed by this Court, the petitioner conducted said CET examination.
Out of 27 seats, all the students could not pass in the said CET
examination conducted by the petitioner no.1.
7. Learned counsel for the petitioners placed reliance on
unreported judgment delivered by a Division Bench of this Court on
25th August, 2020 in case of Maharashtra Medical Education &
Research Centre & Anr. vs. State of Maharashtra & Ors. in Writ
Petition No.5328 of 2019 and more particularly paragraphs 12, 16, 24
and 25 and would submit that after adverting to the judgment in case
of P.A. Inamdar & Ors. vs. State of Maharashtra, 2018 OnLine
Bom.10795, this Court has protected the admissions granted in the
case of P.A. Inamdar & Ors. (supra) and Maharashtra Medical
Education & Research Centre & Anr. (supra) for the academic year
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2015-2016.
8. Mr.Govilkar, learned counsel appearing for the respondent
no.4 - University, Mr.Savagave, learned counsel appearing for the
respondent no.3 and Mr.Dighe, learned AGP for the respondent
nos.1 and 2 could not distinguish the judgment delivered by the
Division Bench of this Court in case of Maharashtra Medical
Education & Research Centre & Anr. (supra).
9. Mr.D'Souza, learned counsel for the petitioners states that
those students who were admitted pursuant to the ad-interim order
passed by this Court have been already issued mark sheets
however, not issued the degree certificates.
10. In our view, the principles laid down by this Court in case
of Maharashtra Medical Education & Research Centre & Anr.
(supra) would apply to the facts of this case. We do not propose to
take a different view in the matter.
11. This Court in the the said ad-interim order dated 12 th
December, 2013 after adverting to the subsequent judgment has
clearly held that the said CET can be conducted by the minority
institution. The said ad-interim order passed by this Court was not
challenged by any of the respondents before the Hon'ble Supreme
Court. The Division Bench of this Court in case of Maharashtra
Medical Education & Research Centre & Anr. (supra) also after
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advertising to various judgments of the Hon'ble Supreme Court
including in case of .A. Inamdar & Ors. (supra) as also the
judgment delivered by the Division Bench of this Court has taken
similar view, we accordingly pass the following order :-
a). The writ petition is allowed in terms of prayer clause (a).
b). The respondent no.4 - University is directed to issue
degree certificate in favour of those students who have been
declared passed pursuant to the CET examination conducted by the
petitioner no.1 by implementing the ad-interim order passed by this
Court on 12th December, 2013 within three weeks from the date of
communication of this order.
c). Rule is made absolute accordingly.
d). There shall be no order as to costs.
e). Parties to act on the authenticated copy of this order.
(R.N. LADDHA, J.) (R.D. DHANUKA, J.)
Digitally signed
VASANT by VASANT
ANANDRAO
ANANDRAO IDHOL
IDHOL Date: 2021.12.09
14:30:49 +0530
