(Anoop V. Mohta, J.)

Rule.

1. Rule is made returnable forthwith. In view of urgency, heard finally by consent of parties.

2. The Petitioner is Association of Management of Ayurvedic Medical Colleges of Maharashtra. The said Association is registered under Bombay Societies Act 1860 bearing Registration No. 1150/Mah/4.5.2006. Total 44 Private Unaided Ayurvedic Colleges are members of Petitioner Association. In the meeting of the affiliated colleges decision was taken to join Common Entrance Test of Association of Management of Unaided Private Medical and Dental Colleges (for short, “AMUPMDC”) for admission to undergraduate and postgraduate courses available in various unaided Ayurvedic Colleges. Respondent No.1 is State of Maharashtra through its Department of Medical Education & Drugs, Mantralaya, Mumbai. Respondent No.2 is Maharashtra University of Health Sciences and all the Ayurvedic Colleges who are members of Petitioner Association are affiliated to the said University. Respondent No.3 is Pravesh Niyantran Samiti (PNS). The impugned orders are passed by Respondent nos. 2 and 3. Respondent no.4 is Central Council of Indian Medicine, a statutory body, constituted under Section 3 of the Indian Medicine Central Council Act 1970.

3. The basic events are as under:

The Petitioner conducts Common Entrance Test for postgraduate courses, however, for undergraduate course i.e. BAMS, all the colleges and Association is affiliated to AMUPMDC. AMUPMDC for the purpose of Common Entrance Test published brochure and under the brochure for admission to BAMS course AMUPMDC conducts only one round of admission and the seats vacant thereafter are allowed to be filled in either by Association of Ayurvedic Medical Colleges (petitioner) or by the Colleges at College level. For the academic year 2014-15 as per the Rules, AMUPMDC conducted first round of admission for total 2140 BAMS seats available in all 41 Ayurvedic Medical Colleges in Maharashtra.

4. On 5 June 2014, AMUPMDC declared the result of Common Entrance Test. The Common Entrance Test was conducted for all health sciences courses in private unaided medical, dental, ayurvedic physiotherapy occupational and nursing courses. (i.e. MBBS, BDS, BAMS, BPTH, BOTH, BASLP, B Sc. Nursing).

5. On 25 July, 2014, Respondent No.3Pravesh Niyantran Samiti (for short, “PNS”) by it's Minutes permitted the colleges to admit the students from another CET provided the list of students of the Common Entrance Test to which the college belongs was exhausted.

6. On 26 September 2014, the merit list of first round was declared by AMUPMDC and in pursuance of the list only 34 students of Association took admission. AMUPMDC by their brochure allowed the vacant seats to be filled in by the Petitioner Association or by the College by holding subsequent round. Petitioner Association thereafter issued advertisement and invited applications from eligible students and conducted two rounds upto 13.10.2014. In the two rounds 1164 students were admitted in all 44 colleges who have passed Association CET.

7. After 18.10.2014, total 180 seats were increased by Central Government and these seats alongwith earlier vacancy of 1067 seats thus were allowed to be filled in by the Colleges at College level as the authorization was given by the Petitioner Association to the colleges. The Petitioner Association proceeded CET as the list of association was exhausted, as till two rounds which were held, no student approached from another CET.

8. After 18.10.2014, the total vacancy was 1067 seats which is inclusive of 180 increased seats by the Central Government and for filling up the said vacancy the colleges issued advertisement at their level indicating that the first preference will be given to the students passing Association CET and thereafter MHCET. In pursuance of advertisement issued by the Colleges total 495 seats were filled in by the students of Association CET and 552 seats came to be filled in by the students who