Bombay High Court
Amol Jagdish Baviskar And Ors vs The Minister, The Higher And Technical ... on 11 December, 2020
Equivalent citations: AIRONLINE 2020 BOM 2682
Author: G.S. Kulkarni
Bench: G.S.Kulkarni
5-wpst-96887-20.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (St) No.96887 OF 2020
1.Mr.Amol Jagdish Baviskar
2.Mr.Zakir Anwar Shaikh
3.Mr.Prashant Prabhakar Tokekar ...Petitioners
Versus
1.The Minister, The Higher And Technical
Education Department Mumbai,
2. The Upper Secretary, The Higher and
Technical Education Department, Mumbai
3. The State Common Entrance Test Cell,
Maharashtra State, Mumbai.
4. The State of Maharashtra ...Respondents
---
Mr.Sachin Dhakephalkar, for the Petitioners.
Mr.B.V.Samant, AGP for the State.
Mr.Rui A.Rodrigues, for Respondent no.3 (CET).
.....
CORAM : DIPANKAR DATTA CJ &
G.S.KULKARNI, J.
DATED : DECEMBER 11, 2020.
ORAL JUDGEMENT (Per G.S. Kulkarni, J.) :
Rule. Rule returnable forthwith. Respondent waives service. By
consent of the parties, heard finally.
Prashant Rane 1/14
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2. A short issue which arises for consideration in this petition is as
to whether it was legal and proper for the State Government to issue
Circular dated 16 March 2020 to the effect that from the current
academic year 2020-21, for admissions to the MBA and MMS courses,
candidates who have appeared for the GMAT, MAT and ATMA and XAT
examinations would not be eligible to participate in the admission
process and only those candidates who have appeared for the MAH-
MBA/MMS CET, GMAT and CAT examinations (collectively '"the MS-
CET") shall only be considered eligible. The impugned Government
circular also records that a proposal to make consequential amendment
to the Maharashtra Unaided Private Professional Educational
Institutions (Regulation of Admission to the Full Time Professional
Undergraduate Technical Courses) Rules, 2017 (for short "said Rules")
is being undertaken.
3. The petitioners are students who have appeared for the ATMA,
i.e, AIMS Test for Management Admission, which was held on 6 July
2020. They appeared on the assumption that the result of the said
examination would be considered valid for admission to the MMS/MBA
courses, as was previously considered by the respondent-State
Government. They appeared for the said examination with an intention
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of pursing the MMS /MBA courses for the academic year 2020-21. It is
their case that as a matter of policy of the State Government the ATMA
entrance test results as also results of GMAT, MAT, XAT was a valid
criteria for seeking admission to the MMS/MBA courses, till the
impugned Government circular was notified.
4. The petitioners contend that as under the prevailing criteria they
had an option of appearing at the ATMA entrance exam instead of the
MS-CET, they did not appear for the MS-CET which was held on 14
March 2020 and 15 March 2020. The petitioners have appeared for the
ATMA and have cleared the same. The petitioners contend that by
virtue of the impugned Government Circular the petitioners now would
not be eligible to seek admission to the MMS/MBA course, as their
eligibility would not be within the purview of Rule 10(2) (a) of the said
Rules. The petitioners had not noticed the impugned circular before
appearing at the ATMA test, as also they were not put to sufficient
notice of the fact that the MS-CET would be the only valid test for
admissions to the courses like MMS/MBA. The petitioners contend that
peculiarly the State CET exam was conducted on 14 March 2020 and
15 March, 2020 which is before the issuance of the impugned
Government Circular which was issued on 16 March, 2020. The
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petitioners contend that in this situation they not only lost their chance
to appear for the MS-CET held for admissions for the current academic
year 2020-21 but also as a consequence thereof, would lose the entire
academic year as they are now not eligible to seek admission to the
15% seats. The petitioners being seriously prejudiced by this sudden
change of the admission criteria also made a representation to the State
Common Entrance Test Cell, so that their academic year is not wasted,
however without any avail.
5. Mr. Dhakephalkar, learned counsel for the petitioners would
submit that the eligibility criteria for admission to the said course could
not have been altered by the State Government to the prejudice of the
petitioners. This more particularly when all along the State
Government had considered the results of the said GMAT, ATMA, XAT as
a valid criteria for grant of admissions to the courses like MBA/MMS, as
also acknowledged by the impugned Government circular. It is
submitted that such action on the part of the State Government is
abrupt and arbitrary and violative of the petitioners rights under Article
14 of the Constitution. Mr. Dhakephalkar would also submit that the
reasons for issuance of the impugned Government Circular that the
mark-sheet of such test (other than the Maharashtra State CET) are not
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available on the website for cross checking and hence there is likelihood
of manipulation of marks is also not tenable. It is submitted that such
assumption is incorrect as the marksheet of the students who have
undertaken such entrance examination is available on website of these
examining bodies for verification. It is submitted that the petitioners
are otherwise fully qualified, except for the impugned Government
circular by virtue of which the petitioners would be held ineligible. Mr.
Dhakephalkar would hence submit that the impugned Government
circular dated 16 March 2020 be quashed and set aside in so far as it is
made applicable from the academic year 2020-21.
6. A reply affidavit has been filed on behalf of the State Government
by Shri Pramod Ambadas Naik, Joint Director, Technical Education DTE,
Maharashtra State to contend, that in exercise of powers conferred by
Section 23 of the Maharashtra Unaided Private Professional Education
Institutions (Regulation of Admissions and Fees) Act, 2015 the
Government of Maharashtra had notified rules to regulate admissions
to the First and the Direct Second year admissions for the full time
professional post graduate technical courses which includes
Engineering, Technology, Pharmacy and Management etc. vide
notification dated 24 April, 2017, being the said Rules as noted by us.
Prashant Rane 5/14
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It is stated that Rule 5 of the said Rules prescribe various types of
candidature. Further sub-rule (2) of Rule 5 provides for the All India
candidature by which candidates having Indian nationality are eligible
for admission under such category. It is stated that Rule 7 provides for
allocation of seats showing the percentage of allocation of seats for
various types of candidates to be in accordance with the policy of the
Government as specified in Schedule-I for first year of various Post
Graduate courses, wherein, 15% of the sanctioned intake are allocated
to the All India Candidature Seats. Such candidates as falling under
Rule 5(2) of the said rules become eligible for these seats. It is
contended that by a notification dated 4 June 2019, the Government of
Maharashtra had notified the eligibility conditions and requirements for
admissions to the professional educational post graduate courses as per
Schedule B appended to the said notification. The criteria which was
prevailing for 'All India Candidature', who claimed admissions in the
15% quota to the MBA/MMS course, was the score obtained by the
candidates in the ATMA, XAT, MAT and GMAT examinations. This
criteria subsisted till the academic year 2019-20 along with MH-CET,
CAT and CMAT examinations. It is contended that however the
Admissions Regulating Authority found that in the academic year 2018-
19 in admissions to the MBA/MMS courses, 31 candidates had procured
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bogus score cards of the ATMA examination. The Directorate of
Technical Education was accordingly informed vide letter dated 3
October 2019 to verify and submit a report to the Admission Regulating
Authority. On an inquiry as made with the ATMA (the agency
conducting the examination), it was found that 26 candidates had
procured bogus score cards to secure admission to the MBA/MMS
course for the academic year 2018-19. The institutions were
accordingly informed to cancel their admissions and initiate criminal
action against them by letter dated 6 December 2019 issued by the
Admissions Authority. Such instances were also found in the academic
year 2019-20 by respondent no. 3- State Common Entrance Test Cell.
This time about 187 candidates were found to have registered on the
basis of bogus ATMA score cards and a show cause notice was issued to
such candidates. It is contended that in such situation the State CET
cell by its letter dated 6 September 2019 informed the Directorate of
Technical Education for removing the ATMA, XAT, MAT examinations
from the eligibility conditions for admission for the MBA/MMS course,
from the academic year 2020-21. The Directorate of Technical
Education deliberated on this issue in a Committee constituted for
suggesting such changes and a policy decision was taken not to
consider the said ATMA, XAT, MAT, GMAT examinations for admissions
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to the MBA/MMS course which came to be notified by the impugned
Government Circular, as also a corresponding amendment to the rules
was carried out and a notification to that effect was issued on 9 July
2020. It is therefore contended that such action on the part of the State
Government is justified and valid.
7. On behalf of respondent no. 3-State Common Entrance Test Cell,
a reply affidavit of Shri Pankaj Kumar is placed on record to contend
that the impugned Government circular dated 16 March 2020 reflects a
policy decision taken by the State Government. It is contended that
respondent no. 3 is the implementing authority under the Act and the
Rules.
8. An additional affidavit is filed on behalf of the petitioners to place
on record further information, namely, that the case of the State
Government that the mark-sheets of ATMA, XAT, MAT, GMAT being not
available online for cross verification is not correct, inasmuch as the
mark-sheets of the petitioners who have undertaken said examinations
are already available on the website of the said examining body namely
atmaaims.com. It is contended that even the All India Council for
Technical Education (AICTE) has issued circular on 19 November 2020
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notifying that first preference will be given to those candidates who
have appeared in any of the entrance test mentioned in Approval
Process Handbook (APH) 2020-21 and who are so qualified irrespective
of their marks secured in the degree course, as long as minimum marks
as per the APH 2020-21 are secured. The AICTE circular also mentions
that if vacant seats are still available, candidates shall be selected based
on the merit in the qualifying examination and that the States may also
use this relaxation while allotting seats through counseling.
9. Mr. Samant, learned AGP for the State and Mr. Rodrigues,
learned counsel for respondent no. 3-State Admissions Authority, have
made submissions that the reasons as set out in the Government
Resolution are reasonable and justify the State Government to take such
policy decision to change the criteria. They however would not dispute
that the MH-CET was held by the State government on 14 March, 2020
and 15 March, 2020 prior to the issuance of the impugned Government
circular.
10. Having heard learned Counsel for the parties, it is quite clear that
the candidates score at the ATMA, XAT, MAT, GMAT was considered to
be a valid criteria for admission to the 15% quota for admission to
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MBA/MMS courses upto the academic year 2019-20, as per the State
Rules in vogue, as noted by us. The students who intended to pursue
the MBA and MMS courses were thus under a valid assumption that the
same criteria would be continued for the next academic year namely
the current academic year 2020-21. Under such bonafide belief the
petitioners who intended to avail of the said benefits, had accordingly
planned to appear for the ATMA, XAT, MAT, GMAT which was to be held
in or about July,2020. Since the other option was open, the petitioners
decided against appearing at the MH-CET which was conducted by the
State Admission Authority on 14 March 2020 and 15 March 2020.
However, quite surprisingly after the MS-CET was conducted on 14
March 2020 and 15 March 2020 the State Government issued the
impugned circular changing the criteria for admission to MBA/MMS
courses by cancelling the eligibility of students who would undertake
the ATMA, XAT, MAT, GMAT which was so far held to be valid
examination for such admissions.
11. In our opinion it was certainly arbitrary for the State Government
to notify such change of the admission criteria after it held the MS-CET
on 14 March 2020 and 15 March 2020. The consequence which has
emerged from such action of the State Government is quite far
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reaching. The petitioners and such similarly placed students never in
the wildest of their imagination thought that they would be rendered
ineligible for the MMS/MBA courses having decided not to appear for
MS-CET and that this would prove fatal to their prospect of securing an
admission in the 15% seats, for which the eligibility criteria, was of the
candidate having appeared at the ATMA, XAT, MAT, GMAT, being a valid
criteria as on the date the MS-CET was conducted on 14 March 2020
and 15 March 2020.
12. The consequence of the impugned Government Circular is harsh
and drastic for the students who intended to secure admission to the
MBA/MMS course on the basis of ATMA, XAT, MAT, GMAT entrance
tests. There is much substance in the contentions as urged on behalf of
the petitioners that by such abrupt change in the criteria, the petitioners
would suffer loss of one year. In our opinion, it would have been
reasonable for the State Government to notify such change in the
admission criteria well in advance so that the students could have a
reasonable period to prepare themselves and avail the opportunity of
appearing at the MS-CET. Such opportunity is certainly deprived to the
petitioners.
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13. It is settled law that any action on the part of the State
Government and more particularly when it is affecting the education
prospects of the students, is required to be reasonable and of a nature
which would not adversely affect the candidates by any sudden change
in the admission criteria. In the present case it is writ large that the
MS-CET was conducted earlier and thereafter the criteria immediately
came to be changed by issuance of the impugned Government Circular
dated 16 March 2020. The petitioners were hence, deprived of
opportunity to appear at the MS-CET, in which they would have
otherwise appeared if they were to be aware about such change in
criteria well in advance.
14. As a result of the above deliberation we are certain that the
impugned circular dated 16 March 2020 ought not to create any
prejudice to the petitioners to seek admissions to the MBA/MMS course
for the academic year 2020-21.
15. Before parting we may observe that we have considered the
reasonableness of the impugned Government Circular from the point of
view of its applicability for present academic year, hence we have not
examined the merits on the basis of which such policy decision was
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taken. We may also observe that it is certainly within the powers of the
educational authorities to provide for an appropriate admission criteria
as also to take appropriate strict action, if admissions are procured on
bogus documents.
16. We accordingly, partly allow the present petition by the following
order:-
ORDER
(i) The impugned decision as contained in the Government Circular dated 16 March 2020 declaring that the results of ATMA, XAT, MAT, GMAT entrance tests not be a valid eligibility criteria for admissions to the MBA/MMS courses, and only the Maharashtara State CET, CMAT and CET would be considered as valid entrance examinations, shall not operate for admissions being made for the academic year 2020-21 and may operate from the next academic year 2021-22.
(ii) The respondents are directed to consider the petitioners eligibility for admission on the basis of ATMA, XAT, MAT, GMAT examinations for the admission process being undertaken for the current academic year 2020-21.
(iii) Rule is made absolute in the above terms. No costs. Prashant Rane 13/14
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17. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production by fax or e-mail of a digitally signed copy of this order.
G.S.KULKARNI, J. CHIEF JUSTICE Prashant V. Rane Digitally signed by Prashant V. Rane Date: 2020.12.11 21:44:40 +0530 Prashant Rane 14/14