Bombay High Court
Surabhi Kmp Singh vs Admissions Regulating Authority, ... on 2 April, 2019
Bench: R. K. Deshpande, S.M.Modak
1 wp1837.19+1854.19+258.19+952.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 1837 OF 2019
Surabhi KMP Singh
Age 20 years, Occ. Student,
R/o. Flat No. 202, Kaveri Apartment,
Wardha Road, Ingole Nagar, Nagpur. ...... PETITIONER
...VERSUS...
1. Admissions Regulating Authority
(Pravesh Niyantran Samiti)
305, Govt. Polytechnic Building,
49, Kherward, Bandra (East),
Mumbai, through its Secretary
2. Swargiya Dadasaheb Kalmegh Smruti
Dental College and Hospital,
Wanadongri Road, Hingna, Nagpur
(Run by Swargiya Dadasaheb Kalmegh
Smruti Trust, Amravati) through
its Dean.
3. Maharashtra University of Health
Sciences, Mharsul, Dindori Road,
Vani, Nashik, through its Registrar ...... RESPONDENTS
AND
WRIT PETITION NO. 1854 OF 2019
Nikita Ramesh Wankhede
Age 22 years, Occ. Student,
R/o. Flat No. 32, Shri Prabhu Nagar,
Godhni Road, Nagpur. ...... PETITIONER
...VERSUS...
::: Uploaded on - 05/04/2019 ::: Downloaded on - 05/04/2020 12:14:52 :::
2 wp1837.19+1854.19+258.19+952.17.odt
1. Admissions Regulating Authority
(Pravesh Niyantran Samiti)
305, Govt. Polytechnic Building,
49, Kherward, Bandra (East),
Mumbai, through its Secretary
2. Swargiya Dadasaheb Kalmegh Smruti
Dental College and Hospital,
Wanadongri Road, Hingna, Nagpur
(Run by Swargiya Dadasaheb Kalmegh
Smruti Trust, Amravati) through
its Dean.
3. Maharashtra University of Health
Sciences, Mharsul, Dindori Road,
Vani, Nashik, through its Registrar ...... RESPONDENTS
AND
WRIT PETITION NO. 258 OF 2019
Ketki Rameshwar Kadak
Age 23 years, Occ. Student,
R/o. Plot No.61, Shri Nagar - 1,
Manewada Road, Tq. And
Distt., Nagpur. ...... PETITIONER
...VERSUS...
1. Admissions Regulating Authority
(Pravesh Niyantran Samiti)
305, Govt. Polytechnic Building,
49, Kherward, Bandra (East),
Mumbai, through its Secretary
2. Swargiya Dadasaheb Kalmegh Smruti
Dental College and Hospital,
Wanadongri Road, Hingna, Nagpur
(Run by Swargiya Dadasaheb Kalmegh
Smruti Trust, Amravati) through
its Dean.
::: Uploaded on - 05/04/2019 ::: Downloaded on - 05/04/2020 12:14:52 :::
3 wp1837.19+1854.19+258.19+952.17.odt
3. Maharashtra University of Health
Sciences, Mharsul, Dindori Road,
Vani, Nashik, through its Registrar ...... RESPONDENTS
AND
WRIT PETITION NO. 952 OF 2019
Adit Ramesh Hawelikar,
Age 22 years, Occ. Student,
R/o. Rachana Madhukosh, A-407,
Patil Layout, Indraprastha Nagar,
Bhamti, Tq. And Distt, Nagpur. ...... PETITIONER
...VERSUS...
1. Admissions Regulating Authority
(Pravesh Niyantran Samiti)
305, Govt. Polytechnic Building,
49, Kherward, Bandra (East),
Mumbai, through its Secretary
2. Swargiya Dadasaheb Kalmegh Smruti
Dental College and Hospital,
Wanadongri Road, Hingna, Nagpur
(Run by Swargiya Dadasaheb Kalmegh
Smruti Trust, Amravati) through
its Dean.
3. Maharashtra University of Health
Sciences, Mharsul, Dindori Road,
Vani, Nashik, through its Registrar ...... RESPONDENTS
-------------------------------------------------------------------------------------------
Dr. Smt. Renuka S. Sirpurkar, counsel for Petitioners in all petitions.
Shri N.A.Gaikwad, Advocate for Respondent No.1
Shri A.A.Naik, Advocate for Respondent No.2
Shri Abhijit Deshpande & V.P.Panpalia, Advocate for R-3
-------------------------------------------------------------------------------------------
CORAM: R. K. DESHPANDE, AND
S.M.MODAK, JJ.
DATE : 2nd APRIL, 2019 .
::: Uploaded on - 05/04/2019 ::: Downloaded on - 05/04/2020 12:14:52 :::
4 wp1837.19+1854.19+258.19+952.17.odt
ORAL JUDGMENT (P.C.)
1] Rule made returnable forthwith.
Heard finally by consent of the learned counsels appearing for the parties.
W.P.Nos.1837/2019, 1854/2019 and 258/2019 2] The petitioners in all the petitions are prosecuting their course of studies in B.D.S Course and they were admitted in the "NRI-quota". The petitions challenge the decision of the Admissions Regulating Authority taken on 29.11.2018, rejecting the claim of the petitioners for admissions in "NRI-quota". The Admissions Regulating Authority has taken a decision as under;
"Item No.20(a) : To discuss and decide w.r.t those who failed to paid penalty amount to the Authority as per the decision taken by the Authority in its meetings held on 24/07/2018 at Item No.12 and 28/09/2018 at Item No. 11(b) regarding approval of admissions of NRI Candidates.
The Authority went through the decision taken by the Authority in its meetings held on 24/07/2018 at Item No.12 and 28/09/2018 at Item No. 11(b).
After deliberations, the Authority decides to approve the admissions of students where the concerned College/ Institute had paid the penalty to the Authority as per the resolutions of the Authority.
The Authority further decides not to approve and reject the claims of admission of students admitted in 15% NRI, where the Colleges/Institutes failed to pay the penalty ::: Uploaded on - 05/04/2019 ::: Downloaded on - 05/04/2020 12:14:52 ::: 5 wp1837.19+1854.19+258.19+952.17.odt amount in prescribed time period as per decision of the Authority, the details of which are marked as Annexure-B. Office to inform accordingly."
The name of three petitioners are at Sr. No. 13 - Ku. Nikita Wankhede, at Sr. No.14 - Ku. Ketki Rameshwar Kadak and at Sr. No. 19 - Ku. Surbhi Singh.
3] Similar cases are dealt with by the Admissions Regulating Authority by an order dated 24.07.2018 and the decision is contained in Item No.12, which is reproduced below.
"Item No.12: To discuss and decide on hearing w.r.t the decision taken by the Authority in its meetings held on 15 th June 2018 at Item No.14 regarding admissions of NRI Students where the relation between sponsor and candidate is other than first degree blood relative.
The Authority went through the decision taken by the Authority in its meetings held on 15 th June 2018 at Item No.14.
The Authority also perused the reply submitted by the aforesaid Colleges/Institutes w.r.t. the show cause issued by the Authority to the Colleges/Institutes, regarding relation between candidate and sponsor.
The Authority also heard the following representative of the Colleges/Institutes.
1. Mr. Sharad Kalmegh, Chairman, Swargiya Dadasaheb Kalmegh Smruti Dental College, Nagpur.
2. Dr. P.M.Zombad, representative of D.K.M.M. Homeopathic College, Aurangabad,
3. Dr. Sabita Ram, representative of M.G.M. Dental College, Navi Mumbai.::: Uploaded on - 05/04/2019 ::: Downloaded on - 05/04/2020 12:14:52 :::
6 wp1837.19+1854.19+258.19+952.17.odt
4. Dr. Varsha Jadhav, representative of Yogita Dental College, Khed, Ratnagiri,
5. Dr. Harish Gulhani, representative of V.Y.W.S Dental College, Amravati.
6. Mr. Shekher, representative of Dr. R.R.Kambe Dental College, Akola.
7. Dr. A.J. Munde, representative of Aditya Dental College, Beed,
8. Mr. Deepak Shinde, representative of Nanded Rural Dental College, Nanded.
In view of above, after deliberations, the Authority feels that the mistake are made by the aforesaid College/Institute. Since rejection of admissions at this stage would not be a fair justice to the aforesaid students. Considering Academic welfare of the students, the Authority decides to approval the said admission, as one time measure, subject to fulfillment of following terms/conditions, -
1. The Institute/College should be imposed the penalty of 02 times of the fees fixed by the Fees Regulating Authority for admitted Academic Year for their illegal, irregular, unjust and biased admissions.
2. The Institution shall submit its notarized affidavit to the Authority within 07 days from the date of communication and specifically mention that the said penalty will not be recovered from the students/parents.
3. This decision be considered as one time measures considering broader interest and welfare of the students and not to be considered as precedent.
Office to take necessary steps and inform accordingly"
4] In the decision of this Court rendered on 12.09.2018 in Writ Petition No. 7207 of 2017, this Court had passed an order on 07.09.2018 directing that the petitioner and the respondent No.2 College shall deposit one year's fee each for the Dental Course within the stipulated period and ::: Uploaded on - 05/04/2019 ::: Downloaded on - 05/04/2020 12:14:52 ::: 7 wp1837.19+1854.19+258.19+952.17.odt provisional approval was directed to be granted to the petitioners for appearing in the National Eligibility-Cum- Entrance Test (NEET) - MDS-2019 and also for All India Institute of Medical Sciences - P.G. (Post Graduate) MDS Entrance Examinations. Accordingly, the said order was complied with and the management as well as the petitioner deposited the requisite amount as was demanded as per the minutes of the order passed by the Admissions Regulating Authority. Accordingly, the admissions were also approved. This court confirmed the said action.
5] The present petitioners, therefore, claim the same relief as was granted by the Admissions Regulating Authority vide Item No. 12 reproduced above under order dated 24.07.028 read with the order dated 12.09.2018 passed by this Court in W.P.No. 7207 of 2017. There cannot be any impediment in passing such order if the parties appearing before this Court agree.
6] In the result, all the writ petitions are allowed. The order dated 29.11.2018 passed by the Admissions Regulating Authority in so far as the petitioners in all these ::: Uploaded on - 05/04/2019 ::: Downloaded on - 05/04/2020 12:14:52 ::: 8 wp1837.19+1854.19+258.19+952.17.odt petitions are concerned is quashed and set aside. It is declared that the petitioners' admissions in respondent No. 2 College in all the matters from NRI-quota stand regularized in B.D.S Course for the year 2015-19. The petitioners and the respondent No.2 College shall deposit one year's course fee with the respondent No.1 within the period of four weeks from today. If the amount is not deposited, the petitions shall be treated to have been dismissed.
W.P.No. 952 of 2019 7] So far as Writ Petition No. 952 of 2019 is concerned, the Admissions Regulating Authority had passed an order on 29.01.2019 i.e. before filing of the petition by rejecting the claim of the petitioner. The operative portion of the order rejecting claim is reproduced below.
"It is found that documents submitted by the aforesaid College/ Institute w.r.t. the Sr.No. 5 to 9 it was incomplete and not substantive.
After deliberations, the Authority decides where there are discrepancy found, the claim for admissions of such candidates is rejected by the Authority and no time will be given for removal of discrepancy, kindly note. Further the Authority is of a view that, no action is necessary at this stage as the matter of admissions of - 1) Ku. Manol Ingole, 2) Ku. Kajal Kokimar and 3) Ku. Avanti Davare is subjudice. Office to inform accordingly.::: Uploaded on - 05/04/2019 ::: Downloaded on - 05/04/2020 12:14:52 :::
9 wp1837.19+1854.19+258.19+952.17.odt 8] In view of the decision rendered by us in the aforesaid writ petitions, the order dated 29.01.2019 so far as it relates to the petitioner - Adit Ramesh Hawelikar in Writ Petition No. 952/2019, the same is quashed and set aside. His admission stands regularized in "NRI-quota" for the B.D.S Course for the period 2015-19. The petitioner and the respondent No.2 College to deposit the amount of one year's fee within the period of four weeks from today, failing which the petition shall be treated to be dismissed.
Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
::: Uploaded on - 05/04/2019 ::: Downloaded on - 05/04/2020 12:14:52 :::