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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
RAVINDRA V. GHUGE, Y.G. KHOBRAGADE, JJ.
Ms.Shaikh Afreen Nooruddin – Appellant
Versus
The Admission Regulatory Authority through its Secretary – Respondent
Writ Petition No.10218 of 2021
Decided on : 19-08-2023
Constitution of India, 1950 - Article 19(6), (1)(g) - Regularize admission - Deficiency in admission - Eligibility of Post Graduate Degree - Issue a Writ of Mandamus and/or any other Writ, Order Or Direction in nature of Mandamus, thereby directing Respondent No. 1, 2 to regularize Petitioner's admission in Respondent no. 4 – Petitioner got her admission, she has paid more than Rs.18 lacs as fees and has completed MDS course - Para 33.
Finding of the Court: If there was no seat available for Petitioner, keeping in view that she had not opted for an NRI seat, Management could have declined her admission since there was only one NRI seat and Petitioner had never applied for same - This would have put matter to rest - Management, thereafter, issued letters to Petitioner to pay fees of second and third years - Constant persuasion for payment of fees emerges from letters of Management - She has now passed out after completing 3 years MDS course, as this Court had granted her interim reliefs at various stages, in past - Her father is a retired employee who was earning a meager salary and comes from a humble background - Total expenditure incurred by him on Petitioner’s MDS course college fees and other expenses, is more than Rs.25 lakhs – Court is not interfering in Petitioner’s MDS admission - Court is convinced that Petitioner as well as Management need to be penalized.
Result: Writ Petition is partly allowed.
JUDGMENT :
Ravindra V. Ghuge, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioner earlier had put forth prayer clauses B, C and D as under:-
“B. This Hon'ble Court be pleased to issue a Writ of Mandamus and/or any other Writ, Order Or Direction in the nature of Mandamus, thereby directing Respondent No. 1, 2 to regularize the Petitioner's admission in Respondent no. 4 College for MDS degree Course; in terms of Clause 8.3 Of Information Brochure For MDS NEET issued by Respondent No. 2.
C. This Hon'ble Court be pleased to issue a Writ of Mandamus and/or any other Appropriate Writ, Order Or Direction in the nature of Mandamus, thereby directing the Respondent Nos. 1, 2, 3, 4 to forthwith issue Hall Ticket to the Petitioner, thereby allowing her to appear for the MDS Part One - Periodontology Examinations scheduled on 21-09-2021 and subsequently declare the Results of the Petitioner thereof.
D. This Hon. Court may be pleased to issue a Writ of Certiorari and/or any other appropriate Writ Order Or Direction in the nature of Certiorari calling for the Records leading to the issuance of the Impugned Letter dated 05-01-2021 issued by the Respondent No. 4 college to the Petitioner and after examining the legality, veracity, validity and propriety thereof, be further pleased to quash, annihilate and set aside the said Impugned Letter dated 05-01- 2021.”
3. Pursuant to the amendment to the petition, she has put forth prayer clauses D-1, D-2 and D-3 as under:-
“D-1. By issuing appropriate writ, order or directions in the like nature, this Hon'ble Court may kindly be pleased to quash and set aside the Clause No 2 (iv) (a) Notification dated 30-01- 2018 passed by The State Of Maharashtra through the "Department Of Medical Education And Drugs" and for that purpose issue necessary orders;
D-2. By issuing appropriate writ, order or directions in the like nature, this Hon'ble Court thay kindly be pleased to quash and set aside the clause no.8.3 of the information Brochure issued by the Government of Maharashtra, State Common Entrance Test Cell, Mumbai for NEET -MDS 2020 and for that purpose issue necessary orders;
D-3. By issuing appropriate writ, order or directions in the like nature, this Hon'ble Court may kindly be pleased to quash and set aside the decision taken in the minutes of the meeting dt.20-08-2021 by the respondent no. 1 thereby terminating the admission of the petitioner and for that purpose issue necessary orders;”
4. On 16.09.2021, this Court issued notice to the Respondents after recording the submissions of the appearing parties in paragraphs 1 to 3 as under:-
“1. The petitioner claims to have been admitted to the B.D.S. course in June 2013 and has completed internship in March 2020. The petitioner is issued notice to submit the certificate from the Dean of B.D.S. institute Maharana Pratap Dental College and Hospital Kanpur, stating that the petitioner was admitted through 15% All India Quota for B.D.S. course. The petitioner has registered herself for NEET MDS 2020 admission process through 15% All India Quota.
2. It appears that, the petitioner was communicated in January 2021 seeking clarification. The petitioner has approached at the 11th hour before this Court.
3. According to the respondents, prima facie, the petitioner has got admission to the B.D.S. course only by passing UPCAT and was not admitted from All India Quota.”
5. On 20.09.2021, this Court considered the prayer of the Petitioner seeking permission to appear for the examination and passed the following order:-
“1. At the request of petitioner, leave to amend.
2. The petitioner was admitted to the M.D.S. Course in respondent No. 4 College.
3. It is contended that petitioner has completed her term of first year M.D.S. The petitioner is not allowed to appear for first M.D.S. examination on the ground that the petitioner’s admission was illegal. The petitioner has not passed the B.D.S. degree under 15% AIEE quota from med
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