JUDGMENT :

Ravindra V. Ghuge, J.

(a) Writ Petition No.2326/2023:-

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioner Education Society has put forth prayer clauses B, C and D as under:-

“(B) Issue a writ of Mandamus or any other appropriate writ or order or direction in the like nature, the Hon'ble Court may kindly be pleased to quash and set aside the impugned communication dated 03.02.2023 issued by the respondent No.2 the Commissioner and Competent Authority of the Common Entrance Test Cell, Maharashtra State, Mumbai.

(C) Issue a writ of Mandamus or any other appropriate writ or order or direction in the like nature, the Hon'ble Court may kindly be pleased to direct the respondent No. 2 the Commissioner and Competent Authority of the Common Entrance Test Cell, Maharashtra State, Mumbai to approve the admissions of 23 students for B.Ed. course mentioned in the list at Exhibit-E to this petition in the petitioner college for B.Ed. course for the academic year 2022-23.

(D) Pending the hearing and final disposal of this writ petition, the Hon'ble Court may kindly be pleased to direct the respondent No. 2 the Commissioner and Competent Authority of the Common Entrance Test Cell, Maharashtra State, Mumbai to approve the admissions of 23 students for B.Ed. course mentioned in the list at Exhibit-E to this petition in the petitioner college for B.Ed. course for the academic year 2022-23.”

3. We have considered the submissions of the learned Advocates for the respective sides. We have perused the petition paper book and the affidavit in reply filed by the Commissioner and Competent Authority, State Common Entrance Test Cell, State of Maharashtra and the Secretary of Admission Regularity Authority, dated 13.03.2023.

4. Following dates and sequence of events are relevant:-

(a) The Petitioner College has a sanctioned intake of 100 plus 10 (EWS) quota.

(b) The admission of students was regulated by the Competent Authority i.e. the State Common Entrance Test Cell.

(c) If any candidate accepts a seat with an allotted college, he/she has to deposit a sum of Rs.1000/- for confirmation of acceptance of the seat.

(d) For the academic year 2022-2023, the Petitioner had an intake capacity of 110 students for the B.Ed. course.

(e) “Very Important Instructions to the Colleges and Candidates” carries an important note that “After the end of admission process all admitting colleges will upload the provisional allotment letter of all admitted candidate duly signed by the candidate and Admission Committee of the college along with college fee receipt and college ID card of the candidate within eight days from the cut off date of admission under any condition.”

(f) 87 students were admitted prior to 24.12.2022.

(g) The issue before the Court is as regards admission of 23 students.

(h) The College contends that admission is effected before the cut off date 30.12.2022.

(i) The Competent Authority contends that these 23 admissions were effected after the cut off date.

(j) All these 23 candidates are in the order of merit and it is nobody’s case that they are illegally picked and chosen or selected.

(k) Instructions to candidates and institutes indicate 27.12.2022 as the date prior to which the institutional round admissions must confirm such admissions.

(l) Cut off date of admission is 30.12.2022.

(m) The list of candidates seeking admission as per the merit list in the extended institute level round, must be confirmed by the college through the college login between 29.12.2022 till 30.12.2022.

(n) Each of these 23 students have confirmed their admission by depositing the seat confirmation amount of Rs.1000/-, on 24.12.2022.

(o) All these payments for confirmation of seats, were carried out between 1.53 pm to 2.41 pm on 24.12.2022, which is well within the cut off date of 27.12.2022.

(p) The College found it difficult to upload the final status of 23 admitted students on 30.12.2022 and therefore, the College approached Resp