IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
T.V. NALAWADE, SUNIL K. KOTWAL, JJ.
Tejaswini & Others – Appellants
Versus
The State of Maharashtra. Through its Secretary, Medical Education & Drugs Department & Others – Respondents
Writ Petition Nos. 1130, 3610 of 2013, 10781, 12827 of 2014, 8234 of 2017 & 2589 of 2018
Decided on : 27-03-2018
Regulations on Graduate Medical Education, 1997 - Rule 5 - Whether after CAP round it was open to management to follow its own time schedule to fill vacant seats - Writ of Certiorari - Seeking admission - After CAP round seats remained vacant in almost all medical colleges running MBBS course - There were vacant seats in college run by respondent management also - First time in letter gave permission to private colleges to fill vacant seats as per time schedule given by PNS with letter - It is case of petitioner that said procedure was not followed by respondent management and before last fixed for completion of process and publishing list respondent management completed its process and published list on - It is case of petitioner that as per time schedule prepared by PNS were fixed for counseling round and only after that list could have been prepared and further list ought to have been sent for verification to PNS by respondent management and only after giving of approval to list by PNS respondent management could have given admissions to those students – Held, In case of (cited supra) in name of public law damages an amount of was given by Supreme Court to similar aspirants - In that case direction was given to State to make payment of that compensation - In present matter due to peculiar modus operandi used by management and as there is more material against management and students illegally admitted this Court holds that management needs to be made to pay to petitioner-student of Writ Petition It needs to be kept in mind that in case relief of cancellation of admission was not pressed but Apex Court has given direction to see that action is taken against officers for non compliance of direction of PNS- Now PNS has taken decision of cancellation of those admissions - To create fear in mind of persons indulging in such illegal activities and that too by flagrant violations of directions given by Apex Court this Court holds that action mentioned by Apex Court in case and Islamic Academy Case cited supra needs to be taken against management of present matter - Civil applications stand disposed of
T.V. Nalawade, J.
1. Rule in both the petitions. Rule made returnable forthwith. By consent heard both the sides for final disposal.
2. The petitioner from the first proceeding had appeared for Asso-CET 2012 for seeking admission in private medical college from Maharashtra State for MBBS course. She secured 153 marks out of 200 marks and she was from open category. She could not get admission in "Common Admission Process" (CAP) round. After CAP round, seats remained vacant in almost all medical colleges running MBBS course. There were vacant seats in the college run by respondent management also. First time in the letter dated 15-9-2012 Pravesh Niyantran Samiti (in short, PNS) gave permission to private colleges to fill vacant seats as per the time schedule given by PNS with the letter. It is the case of the petitioner that the said procedure was not followed by respondent management and before the last date fixed for completion of the process and publishing the list, the respondent management completed its process and published the list on 20-9-2012. It is the case of the petitioner that as per the time schedule prepared by PNS, the dates 22 and 23 September 2012 were fixed for counselling round and only after that the list could have been prepared and further the list ought to have been sent for verification to PNS by respondent management and only after giving of the approval to the list by PNS the respondent management could have given admissions to those students. It is contended that with ulterior motive the said procedure was not followed by respondent management and the petitioner was deprived of her right to get admission in medical course. It is her case that all the students who were admitted in this round had secured less marks in the test than the petitioner.
3. It is the case of the petitioner that she had given application for getting admission in the college of respondent management after CAP round and her name was shown as selected candidate but before 22 and 23 September, 2012 the management collected fees from other students and showed that it had completed the process. The petitioner student has claimed following reliefs in her petition.
"B. By issuing the writ of Certiorari or any other writ or order in the like nature, direct the State Government to cancel all the admission process conducted as per the order dated 15.9.2012 issued by the Pravesh Niyantran Samiti by which the permission was given to the private colleges / institutions to admit the students as per their own and to quash and set aside the same;
B-1. By issuing writ of mandamus or any other writ, order or directions in the like nature, this Hon'ble Court may be pleased to direct the respondents - State Government to pay the compensation of Rs.20 lacs to the petitioner and for that purpose issue necessary order;
C. By issuing writ of mandamus or any other writ, order or directions in the like nature, direct the respondent nos.1 and 2 to issue fresh admission process by way of Common Admission Process (CAP) thereby cancelling the entire admission process completed as per the letter dated 15.09.2012 in the State of Maharashtra and for that purpose issue necessary orders.
D. By issuing the writ of Certiorari or any other writ or order in the like nature, the admission of the respondent nos.6 to 21 may kindly be cancelled and the petitioner be given admission in the respondent no.5 college and for that purpose issue necessary orders;
E. Pending the hearing and final disposal of this Writ Petition, the respondent no.1 may kindly be directed not to approve the admissions given by the respondent no.5 college as per the schedule of admissions dated 15-09-2012 and for that purpose issue necessary orders;
F. Pending hearing and final disposal of this Writ Petition, the respondent no.1 - State of Maharashtra may kindly be directed not to approve the
Abhyudya Sanstha vs. Union of India and others) decided on 12-5-2011 [reported as (2011) 6 SCC 145)]
Faiza Choudhary v. State of Jammu & Kashmir (2012) 10 SCC 149.
Islamic Academy of Education v. State of Karnataka (2003) 6 SCC 697.
Mridul Dhar v. Union of India (2005) 2 SCC 65.
Priya Gupta v. State of Chhattisgarh (2012) 7 SCC 433; and
Ravindra Kumar Rai vs. State of Maharashtra (1998) 3 SCC 183.
Rajan Purohit v. Rajasthan University of Health Sciences
State of Kerala v. T.P. Roshana (1981) 4 SCC 512
T.M.A. Pai Foundation and Others v. State of Karnataka and Others
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