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3) Two petitioners before us are the Nursing Colleges situated at Pachgani, taluka Mahabaleshwar, District Satara run by the Indian Red Cross Society, which is approved by Indian Nursing Council and affiliated by Maharashtra University of Health Science. It is not in dispute that the admissions to the said Colleges for B.Sc. (Nursing) Course is controlled by the Director of Medical College and Research and the Admission Regulating Authority, Mumbai. Both the petitioners Colleges are aggrieved by the communication issued to them by the Maharashtra University of Health Sciences by which the University had informed them that the names of the candidates who have been forwarded by the petitioners-colleges for registration to the Nursing Course cannot be granted since they were not admitted through the Common Entrance Test conducted by the Commissioner, CET and the said students had appeared in the NEET 2016 Examination instead of MHT-CET.

14) In furtherance of the Act and the Rules, the Commissionerate of Common Entrance Test Cell, Mumbai had published the information brochure for Common Entrance Test 2016 for Health Science Courses which included B.Sc. Nursing Course. It was made clear in the said brochure that MHCET 2016 is applicable to all Government Municipal Corporation and Private Aided and Unaided Minority Health Science Colleges and it would govern the admission to MBBS, BDS, BAMS, BHMS, BUMS, BPTh, BOTh, BASLP, BP&O, B.Sc. (Nursing) and B.VSc. & AH courses for the academic year 2016-17. It was also made clear that candidates will be selected on the basis of the merit in the MHT-CET, 2016 to the aforesaid courses. The petitioner is placing reliance on the Government Resolution dated 29th April, 2015 which prescribe the modality for admission to the B.Sc. Nursing Course and the manner in which the vacant seats after existing MHT-CET list. However, the said Government Resolution is governing admission J-wp-2559-17+1.doc process of B.Sc. Nursing for the year 2015-16 and it is relevant to note that at that time the Act of 2015 and the Rules were not in existence. The State Government after taking into consideration the directions from the Hon'ble Apex Court in case of Islamic Academy Vs. State of Karnataka, (2003) 6 SCC 697 which mandated conduct of common entrance test for professional examination, the State Government had specifically dealt with vacant seats as regards B.Sc. Nursing Courses are concerned and permitted them to be filled it at the last stage by candidates who did not appear for the CET examination. However, the said Government Resolution cannot prevail in the light of the Act of 2015 and the Rules framed thereunder, wherein the only manner in which the seats of B.Sc. Nursing can be filled in is in the manner prescribed in the brochure published by the Director, Medical Education for the year 2016-17. The contention of the petitioners is that if the seats were not filled in they would have gone vacant and therefore the petitioners institution had filled in the seats through student on the basis that they had appeared for NEET J-wp-2559-17+1.doc examination. However, for the year 2016-17 the ordinance was specifically issued regulating admission process only through the State CET and NEET was not made applicable. In such circumstances, the petitioner institution could not have taken advantage of the peculiar situation of that year when NEET was conducted so also the CET was conducted by the State Government. However, the admission to the professional courses was made on the basis of CET conducted by the State and it was not therefore permissible for the petitioner to give a complete go-bye to the procedure prescribed by the Competent Authority on the same ground that the seats would have gone waste and therefore the petitioners-institution admitted students who had not even appeared for MHT-CET. We are of the firm view that such admissions are already 'void admissions' in terms of Section 5 of the Act of 2015 and the MHUS is perfectly justified in issuing impugned communication by it which has refused registration to the said school. This Court by interim order permitted the students of the petitioner institution to submit their examination form. However, the J-wp-2559-17+1.doc results are not declared and this Court by its interim order dated 22/3/2017 had made it very clear that neither student shall be entitled to claim any equity on the basis of the interim order allowing them to fill up the form and appear in the examination. Since we are of the clear view that the admissions of those students who did not participate in the MHT-CET examination 2016-17 are void and cannot be regularized. We of of the conscious view that the students have appeared for the first year B.Sc. Nursing Course and have put in one year of their career. However, we are of the firm opinion that whatsoever may be, we cannot permit regularization of admissions of those students which are completely void in terms of Section 5 of the Act of 2015 and we would not permit regularization of such void admissions.