Bombay High Court
Amol Vijay Kamble vs The State Of Maharashtra And ... on 15 December, 2021
Bench: S.V. Gangapurwala, S. G. Dige
(1) 1083-wp-13665-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.13665 OF 2021
AMOL VIJAY KAMBLE ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ..RESPONDENTS
...
Mr. Vikram S. Undre, Advocate for the Petitioner.
Mr. S. P. Tiwari, AGP for Respondents-State.
Mr. M. D. Narwardkar, Advocate for Respondent No.2.
...
CORAM : S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATED : 15th DECEMBER, 2021.
PER COURT:-
1. Mr. Undre, learned counsel for the petitioner submits
that, under the admission notice for the Academic Year 2021-22
concerning MBA Course, the Management Aptitude Test (MAT)
qualified candidates are not eligible to apply. The learned counsel
further submits that, for the Academic Year 2020-21 the MAT
qualified candidate were eligible to apply MBA Course. The large
publicity was not given to the Government Resolution dated
16.03.2020, so as to make candidates aware of the same.
2. Mr. Narwadkar, learned counsel for respondent submits
that, on 16.03.2020 the Government Resolution was issued thereby
making it clear that GMAT, MAT, ATMA and XAT examinations would
not be considered as qualifying one for admission to the MBA Course.
(2) 1083-wp-13665-2021
3. The said aspect was subject matter of consideration
before the Division Bench of this Court at Principal Seat at Bombay in
Writ Petition (St) No.96887 of 2020. Under the judgment dated
December 11, 2020 in Writ Petition (St) No.96887 of 2020 the
Division Bench has observed and held that, decision as contained in
the Government Resolution dated 16.03.2020 declaring that the
results of ATMA, XAT, MAT, GMAT entrance tests not be a valid
eligibility criteria for admission to the MBA and shall not operate for
admission for the Academic Year 2020-2021.
4. According to the learned counsel, as the examination of
ATMA, XAT, MAT, and GMAT were held prior to the issuance of the
Government Resolution of March 2020, the said order was passed.
5. We have considered the submissions canvassed by the
learned counsel for respective parties.
6. The operative part of the order dated December 11, 2020
in Writ Petition (St) No.96887 of 2020 passed by the Division Bench
of this Court at Principal Seat at Bombay reads thus:
(i) The impugned decision as contained in the Government
Circular dated 16 March 2020 declaring that the results of
ATMA, XAT, MAT, GMAT entrance tests not be a valid eligibility
criteria for admissions to the MBA/MMS courses, and only the
Maharashtra State CET, CMAT and CET would be considered as
valid entrance examinations, shall not operate for admissions
being made for the academic year 2020-21 and may operate
from the next academic year 2021-22.
7. It would appear that, the Division Bench of this Court at
Principal Seat at Bombay in the said order nowhere prohibited the
(3) 1083-wp-13665-2021
operation of the Government Resolution dated 16.03.2020 for
admission process of the Academic Year 2021-22. The second CAP
round is in progress. It would not be appropriate to change the terms
of admission at this stage. The Government Resolution is issued in
March 2020. The candidates were aware of the same. Even the
procedure for admission to MBA course was in tune with the
Government Resolution dated 16.03.2020.
8. In view of that, request of the petitioner at this stage
cannot be considered.
9. Writ Petition is disposed of. No costs.
(S. G. DIGE) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/December-2021
