Bombay High Court
Balkrisna Bhalchandra Korgaonkar vs Government Law College And Anr on 5 September, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-OS:13817-DB
908-WPL-27193-24.doc Rameshwar Dilwale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
RAMESHWAR
LAXMAN WRIT PETITION (L) NO.27193 OF 2024
DILWALE
Balkrisna Bhalchandra Korgaonkar .. Petitioner
Digitally signed by
RAMESHWAR Vs.
LAXMAN DILWALE
Date: 2024.09.06
Government Law College,
19:32:18 +0530
Churchgate, Mumbai & Anr. .. Respondents
...
Mr. Bhalchandra Korgaonkar, petitioner's father present.. Mr. Sameer Khedekar, Advocate for the respondent no.2. Mrs. P. H. Kantharia, GP with Mrs. Varsha Sawant, AGP for respondent-State.
...
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 5th SEPTEMBER, 2024.
P.C. :
1. We have heard the petitioner in-person as well as the learned counsel for the respondents.
2. The petitioner seeks admission in the Five Year Integrated LL.B Course commencing from Academic Year 2024-2025. The petitioner as a citizen of the United States of America sought admission as a Foreign Student in the Quota for "Foreign Student or OCI or PIO Candidates". His name was shown in the merit list of such candidates at Serial no.38. He was thereafter issued a Provisional Allotment Letter on 23rd August 2024 bearing No.C-N- 27100. The petitioner paid requisite fees as a result of which his Seat Acceptance Status was freezed. Since he was not being 1/5 ::: Uploaded on - 06/09/2024 ::: Downloaded on - 06/09/2024 22:09:31 ::: 908-WPL-27193-24.doc Rameshwar Dilwale admitted at the college alloted, he has approached this Court.
3. According to the petitioner's father who represented the petitioner, it was incumbent upon the second respondent- Common Entrance Test Cell to have prepared a separate merit list for various candidates as indicated in Clause 5 of the Information Brochure published by it. In other words, a separate merit list for each category of candidates namely, Maharashtra State candidates, all India candidates, minority candidates, NRI candidates, Foreign Students or OCI or PIO candidates and Jammu and Kashmir migrant candidates ought to be prepared. As the petitioner claims admission in the NRI quota which was indicated in his Provisional Allotment Letter as a Foreign Student which was also mentioned in the seat acceptance form, it was not permissible to have a common merit list comprising of NRI, Foreign Students, OCI and PIO candidates. By preparing such common merit list, the petitioner was deprived of his admission at the respondent no.1-College. It was pointed out that 5% seats are reserved for such candidates and the merit lists ought to have been operated independently. He also referred to Clause 8 of the Information Brochure in that regard. It was thus submitted that the petitioner was entitled for admission at the Government Law College, Mumbai as a Foreign Student.
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908-WPL-27193-24.doc Rameshwar Dilwale
4. Affidavit in reply has been filed on behalf of the respondents. According to the CET CELL, the merit list of Foreign Students, NRI Students quota, OCI or PIO was required to be prepared under one umbrella on the basis of percentage of marks in the qualifying examination. No separate merit list of Foreign Students alone was permissible. After preparing the merit list, the petitioner was shown at Serial no.38. It was likely that while submitting the application online, the petitioner's form was treated as one of a Foreign Student and hence the letter of provisional allotment came to be issued. In view of Clause 10 of the provisional allotment letter, rectification of such error was permissible. The error in issuing the allotment letter on 23/08/2024 was noticed and rectified on the same date and a corrected provisional allotment letter was issued to the petitioner indicating that on the basis of merit, he was entitled for admission at University of Mumbai Law Academy.
5. The learned Government Pleader appearing for the Government Law College also referred to the affidavit in reply filed on its behalf. It was stated that 12 seats were available under quota of students from NRI, OCI, PIO and Foreign Candidates. On the basis of merit, the petitioner was not entitled for admission at the said College as he had scored 78.50% in the HSC Examination 3/5 ::: Uploaded on - 06/09/2024 ::: Downloaded on - 06/09/2024 22:09:31 ::: 908-WPL-27193-24.doc Rameshwar Dilwale and was placed at Serial no.38. All other candidates admitted were more meritorious than the petitioner.
6. Having heard the petitioner's representative as well as the learned counsel for the respondents, we find that under the admission brochure there is no provision that a separate merit list for the types of candidates indicated in Clause 5 of the Information Brochure has to be prepared. Under that Clause, it is only the nature of eligibility that is prescribed for the respective categories. The merit list for NRI candidates, Foreign Students, OCI or PIO candidates was common which could be seen from the merit list. It is true that initially the petitioner was issued a provisional allotment letter and a seat from the NRI quota was issued. However, on realising the error, a corrected Provisional Allotment Letter was issued to the petitioner on the same date and he was alloted a seat at the University of Mumbai Law Academy under the NRI quota. It has not been shown that any other candidate less meritorious than the petitioner has been alloted a seat at the Government Law College under the NRI quota. It is thus clear that the merit list of NRI, OCI, PIO, CIWGC and FNS candidates is a common merit list and the petitioner is placed at Serial no.38, on the basis of merit he has been provisionally alloted a seat at the University of Mumbai Law Academy which 4/5 ::: Uploaded on - 06/09/2024 ::: Downloaded on - 06/09/2024 22:09:31 ::: 908-WPL-27193-24.doc Rameshwar Dilwale was the third preference indicated by the petitioner in his application form. The petitioner's representative submits that the tuition fees at the College now alloted are on the higher side. However, the said College has been alloted on the basis of the choice indicated by the petitioner in his application form.
7. Since we do not find anything illegal in the issuance of Provisional Allotment Letter to the petitioner dated 23/08/2024 bearing no.C-N-32626 there is no reason to interfere in exercise of writ jurisdiction. The writ petition therefore stands dismissed with no order as to costs.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 5/5 ::: Uploaded on - 06/09/2024 ::: Downloaded on - 06/09/2024 22:09:31 :::