Bombay High Court
Association Of Indian Management ... vs State Of Maharashtra And 5 Ors on 18 April, 2023
Bench: G.S. Patel, Neela Gokhale
2023:BHC-OS:3125-DB 903-OSWPL-14108-2022.DOC
Gaikwad RD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 14108 OF 2022
Association of Indian Management Schools
(AIMS) & Anr ...Petitioners
Versus
State of Maharashtra & Ors ...Respondents
Mr Ashutosh A Kumbhakoni, with Ashutosh Kulkarni i/b Sarthan S
Diwan, for the Petitioners.
Mrs PH Kantharia, Government Pleader, for Respondent-State.
Mr Sameer Khedekar, with Bharti Gerella, for Respondent No.4.
Mr Abhijit Joshi, for Respondent No.5.
Mr Rui Rodrigues, i/b Ajinkya Jaibhave, for Respondent No.6-UOI.
CORAM: G.S. Patel &
Neela Gokhale, JJ.
DATED: 18th April 2023 PC:-
1. Rule. We make Rule returnable forthwith without waiting for an Affidavit in Reply because the issue raised in the Petition is entirely covered by a decision of the Supreme Court, namely Parshvanath Charitable Trust & Ors v All India Council for Technical Education & Ors.1 1 (2013) 3 SCC 385.Page 1 of 13
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2. To set this in context, we reproduce prayer clauses 'b' and 'c' of the present Petition:
"b) That this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the concerned Respondents to undertake and complete the entire CET and CAP process in respect of admissions to management courses/studies strictly in compliance with the directives issued by the Hon'ble Supreme Court in the judgement reported in (2013) 3 SCC 385 (Exh. A) and Circular dated 22.03.2022 issued by the AICTE (Exh. D);
c) That this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the concerned Respondents to approve/recognise and include the entrance test known as AIMS Test for Management Admissions (ATMA) as an eligibility test for MMS and MBA courses in the State of Maharashtra;"
3. The Parshvanath case before the Supreme Court came up from a decision of this Court. The Petitioner before the Supreme Court was a minority community trust. It established a college in Thane. It received annual approvals from the All India Council for Technical Education ("AICTE") until 2008. There was also a question of shifting to a new premises and permission being sought from the AICTE for this shift. The Supreme Court considered various aspects of the matter not only relating to the college in question but generally about the admission process. Of course this was in the context of technical education controlled by the AICTE. We immediately accept that the definition of technical education as it presently stands includes Management.
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4. In paragraph 38 of its decision, the Supreme Court in Parshvanath said that the admission schedules should not be a matter of an annual declaration but should be fixed once and for all. The reason is clear and was stated by the Supreme Court itself that there should be consistency and foreknowledge for all concerned and therefore a fixed and unaltered time schedule for admission was necessary. With this students would know with certainty and in advance the admission schedule to be followed.
5. In a table below paragraph 39, the Supreme Court noted the submission that was made to it. We do not reproduce this, but we only note that even the suggestion to the Supreme Court was not that an admissions calendar be fixed on a year to year basis. The submission only mentions a schedule by month and is not specific to any particular year.
6. The Supreme Court did not accept the suggestion fully. Instead in paragraph 41 it set out a schedule of its own:
Event Schedule
Conduct of entrance In the month of May
examination (AIEEE/State
CET/Management quota
exams, etc.)
Declaration of result of On or before 5th June
qualifying examination
(12th exam or similar) and
entrance examination
1st round of counselling/ To be completed on or
admission for allotment of before 30th June
seats
2nd round of counselling To be completed on or
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903-OSWPL-14108-2022.DOC
Event Schedule
for allotment of seats before 10th July
Last round of counselling To be completed on or
for allotment of seats before 20th July
Last date for admitting 30th July
candidates in seats other However, any number of
than allotted above rounds for counselling
could be conducted
depending on local
requirements, but all the
rounds shall be completed
before 30th July
Commencement of 1st August
academic session
Last date up to which 15th August
students can be admitted
against vacancies arising
due to any reason (no
student should be admitted
in any institution after the
last date under any quota)
Last date of granting or 10th April
refusing approval by
AICTE
Last date of granting or 15th May
refusing approval by
University/State
Government
7. Notably, this schedule provides some latitude in fixing exact dates but sets out a calendar that has to be followed for all AICTE controlled courses every year without a fresh declaration being needed each year. Thus, for example, entrance examinations are to be conducted in the month of May. It does not say May of a particular year and thus every year in May examinations would have to be conducted.
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8. Certain closing directions in paragraph 46 of the Parshvanath decision are important for our present purposes.:
"46. For the reasons afore-recorded, we find no merit in both the appeals afore-referred. While dismissing these appeals, we issue the following directions:
46.1. Both grant/refusal of approval and admission schedule, as aforestated, shall be strictly adhered to by all the authorities concerned including AICTE, the University, the State Government and any other authority directly or indirectly connected with the grant of approval and admission.
46.2. No person or authority shall have the power or jurisdiction to vary the schedule prescribed hereinabove.
46.3. While dealing with the application for grant of approval to new colleges or additional seats, AICTE shall inform the applicant within three weeks from the date of receipt of its application or date of inspection, as the case may be, the shortcomings/defects, who, in turn, shall remove such shortcomings/defects within 15 days from the date of such communication or within such period as AICTE may grant and re-submit its papers without default.
The process of grant of approval has to be transparent and fair. AICTE or the University or the State Government concerned shall take disciplinary action against the person who commits default in adherence to the schedule and performance of his duties in accordance therewith. 46.4. The reports submitted by the Expert Committee visiting the College should be unambiguous and clear, and should bear the date and time of inspection and should be sufficiently comprehensive and inspection be conducted in the presence of a representative of the institute. 46.5. The students of the appellant College shall be re-
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46.6. If the appellate authority decides the matter prior to 30th April of the year concerned and grants approval to a college, then alone such institution will be permitted to be included in the list of colleges to which admissions are to be made and not otherwise. In other words, even if the appellate authority grants approval after 30th April, it will not be operative for the current academic year. All colleges which have been granted approval/affiliation by 10th or 30th April, as the case may be, shall alone be included in the brochure/advertisement/website for the purpose of admission and none thereafter."
(Emphasis added)
9. At Exhibit 'D' to the Petition at page 85 is a Circular said to have been issued by the AICTE for the "Academic Calendar 2022- 2023". This Circular makes for interesting reading:
All India Council for Technical Education Nelson Mandela Marg, Vasant Kunj, New Delhi - 110070 Academic Calender 2022-23 Circular Page 6 of 13 18th April 2023 ::: Uploaded on - 19/04/2023 ::: Downloaded on - 20/04/2023 09:58:07 ::: 903-OSWPL-14108-2022.DOC Sl. For Technical Institutions (Not Schedule for No. applicable for Standalone A/Y 2022-
PGDM/PGCM Institutions) 2023
1. Last date of granting or refusing 10th July, 2022 approval by AICTE
2. Final date of granting approval 30th July, 2022 after appeal
3. Last date for grant of affiliation 31st August, by University/Board 2022 th
4. Last date of commencement of 15 September, classes for existing students of 2022 technical courses
5. Commencement of induction 10th October, program for 1st year students 2022 th
6. Last date for cancellation of 20 October, seats for technical courses with 2022 full fee refund
7. Last date up to which first year 25th October, students can be admitted against 2022 vacancies
8. Last date for commencement of 25th October, classes for first year students of 2022 technical courses
9. Last date for lateral entry 30th October, admission to second year 2022 courses for newly admitted students For Standalone PGDM/PGCM Institutions
1. Last date of granting or refusing 10th July, 2022 approval by AICTE to standalone PGDM/PGCM Institutions
2. Final date of granting approval 30th July, 2022 after appeal
3. Standalone technical 1st April, 2022 institutions conducting PGDM/PGCM courses shall NOT initiate the admission Page 7 of 13 18th April 2023 ::: Uploaded on - 19/04/2023 ::: Downloaded on - 20/04/2023 09:58:07 ::: 903-OSWPL-14108-2022.DOC Sl. For Technical Institutions (Not Schedule for No. applicable for Standalone A/Y 2022-
PGDM/PGCM Institutions) 2023
before
4. Last date for cancellation of 13th September, admission for courses in 2022 PGDM/PGCM institutions including FULL Fee Refund
5. Last date for admission to 20th September, courses in PGDM/PGCM 2022 Institutions Institutions with ODL/Online Programme(s)/ Course(s)
1. Last date FOR Grant of As per UGC Approval to Institutions offering policy ODL/Online Course(s)
2. Last date for admission to courses in Open and Distance Learning/Online Learning Mode (First Session)
3. Last date for admission to courses in open and Distance Learning/Online Learning Mode (Second Session) Note:
All the AICTE Approved Institutions/ Universities are requested to follow AICTE/ UGC Guidelines on Examinations issued from time to time in view of Pandemic.
The Classes may be started in Online/Offline (Class Room) or Blended mode (Online as well as Offline) following the prescribed protocols/ guidelines related to pandemic.
AICTE will not seek the change in last date of Approval & University will not seek the change in last date of affiliation.
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10. The 4th Respondent is the Maharashtra State CET Cell. On its behalf, we are given an Academic Calendar of 2023-2024 which is more or less in line with Exhibit 'D' with some changes in the dates. So that there is no controversy, we reproduce the Academic Calendar 2023-2024:
Academic Calender 2023-24 Sl. For Technical Institutions (Not Schedule for No. applicable for Standalone A/Y 2023-
PGDM/PGCM Institutions) 2024
1. Last Date of Granting or 10th June, 2023 Refusing Approval by AICTE
2. Final date of Granting approval 30th June, 2023 after appeal
3. Last Date for Grant of 31st July, 2023 Affiliation by University/Board
4. Last Date for Cancellation of 11th September, Seats for Technical Courses 2023 with FULL Fee Refund Last date of commencement of classes for existing students of technical courses
5. Last Date up to which First Year 15th September, Students can be Admitted 2023 Against Vacancies Commencement of induction program for 1 year students
6. Last Date for Commencement 15th September, of Classes for First Year 2023 Page 9 of 13 18th April 2023 ::: Uploaded on - 19/04/2023 ::: Downloaded on - 20/04/2023 09:58:07 ::: 903-OSWPL-14108-2022.DOC Sl. For Technical Institutions (Not Schedule for No. applicable for Standalone A/Y 2023-
PGDM/PGCM Institutions) 2024 Students of Technical Courses
7. Last Date for Lateral Entry 15th September, Admission to Second Year 2023 Courses for Newly Admitted Students For Standalone PGDM/PGCM Institutions
1. Last Date of Granting or 10th June, 2023 Refusing Approval by AICTE to Standalone PGDM/PGCM Institutions
2. Final date of Granting approval 30th June, 2023 after appeal
3. Last Date for Cancellation of 11th September, Admission for Courses in 2023 PGDM/PGCM Institutions including FULL Fee Refund
4. Last Date for Admission to 15th September, courses in PGDM/PGCM 2023 Institutions Institutions with ODL/Online Programme(s)/ Course(s)
1. Last Date for Grant of Approval As per UGC to Institutions Offering policy ODL/Online Course(s)
2. Last Date for Admission to Courses in Open and Distance Learning/Online Learning Mode (First Session)
3. Last Date for Admission to Courses in Open and Distance Learning/Online Learning Mode (Second Session)
11. There is a clear misconception on the part of the 4th Respondent. Exhibit 'D' and the Academic Calendar 2023-2024 Page 10 of 13 18th April 2023 ::: Uploaded on - 19/04/2023 ::: Downloaded on - 20/04/2023 09:58:07 ::: 903-OSWPL-14108-2022.DOC given to us do not relate to admissions and the admission process but they relate to the calendar for affiliations and recognition of colleges. This is clear from a plain reading of Exhibit 'D' and the present Circular.
12. It stands to reason that all affiliations and recognitions must be completed in the prior year, i.e., the year prior to the beginning of admissions. This is the explicit direction in paragraph 46.6 of the Parshvanath case. Otherwise, the result would be inconsistent and even incongruous apart from being completely destructive of the schedule set out by the Supreme Court. For example, if the last date for affiliation by a University or Board is 31st July 2023 and, by then the last date for admitting candidates in seats is over, it is unclear how a newly recognized or affiliated college will ever be able to participate in the admission process. The submission also overlooks the last three lines above paragraph 41 of the Supreme Court judgment at page 406 of the report (page 187 of the paper book). They read thus:
"The university should grant/decline approval/affiliation by 15th May of the relevant year. Advertisement should be issued and entrance examination conducted positively by the end of the month of May."
13. This says that all affiliations must be completed by 15th May of the relevant year. This could be of the year previous or if the two are to run in tandem, all affiliation processes must be completed by 15th May of the admission year because according to the Supreme Page 11 of 13 18th April 2023 ::: Uploaded on - 19/04/2023 ::: Downloaded on - 20/04/2023 09:58:07 ::: 903-OSWPL-14108-2022.DOC Court's scheme the entrance examinations are to be conducted in May itself followed by the rounds of counselling and admission.
14. The State Government CET Cell's insistence that it will pay heed only to the AICTE Circular and apply it blindly without having any regard to the Supreme Court decision is not an approach that commends itself to us. There is no question of following the AICTE college affiliation/recognition calendar and mixing this up with the admission process.
15. We believe that the State CET Cell and its Commissioner are dangerously close to contempt if they adopt this approach because the Parshvanath case judgment clearly applies to Management colleges and institutions.
16. Further, the State CET Cell cannot alter the schedule fixed by the Supreme Court. Paragraph 46.2 of the Parshvanath case forbids any such attempted change.
17. As regards prayer clause (c), Mr Kumbhakoni states on instructions that this may not be necessary for the current academic year since there is a Notification the relevant portion of which is at
(iii) at page 217 of the paper book. The Notification is dated 3rd August 2022 and commences from page 215. We are not therefore required to decide that aspect of the matter.
18. Accordingly the Petition succeeds to the extent of prayer clause (b) and is made absolute. The calendar or schedule set out in Page 12 of 13 18th April 2023 ::: Uploaded on - 19/04/2023 ::: Downloaded on - 20/04/2023 09:58:07 ::: 903-OSWPL-14108-2022.DOC the Supreme Court judgment in Parshvanath's case in paragraph 41 will be followed by the 4th Respondent and all others concerned. The AICTE recognition/affiliation calendar at Exhibit 'D' at page 85 will apply to those colleges that have gained or been granted recognition or affiliation prior to the commencement of the Supreme Court-mandated admission calendar.
19. We note by an Order of 21 st February 2022, the calender for 2022 was temporarily revised by the Supreme Court in view of the delay caused by Covid.
20. The Petition is disposed of in these terms with no order as to costs.
(Neela Gokhale, J) (G. S. Patel, J)
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2023.04.19
19:24:47
+0530
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