Vikas Yuvraj Waydande And Ors vs State Of Maharashtra Through Dept. Of ... on 8 August, 2019
For them any other criteria
declared from time to time by the Appropriate Authority as defned
under the Maharashtra Act No.XXVIII of 201541, would also have to
be fulflled. In the circumstances, the contention that such students
can enter a college of their choice or like respondent No.541 straight
away is fallacious. Once they cannot be said to be equals, then there
is no discrimination at all. The second argument of Mr. Thorat on
discrimination is in relation to those candidates who appeared for
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14th August 2019
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Vikas Yuvraj Waydande & Ors v State of
Maharashtra & Ors
15-WPOJ-8478.2019.doc
the JEE conducted by the National Council for Hotel Management
and Catering Technology. They are considered eligible for
institutional level admissions subject to vacancies but their turn will
come after the candidates in the CET with non zero score are
exhausted and the seats are vacant. There is a defnite nexus with
the examination styled as JEE conducted by the National Council
for Hotel Management and Catering Technology. It is the apex body
for the hotel management and catering technology which conducts
this JEE. The candidates passing such examination, therefore, can
safely be held to be eligible for admission at the institutional level,
subject to vacancies. Their turn comes after exhausting the
candidates with non zero score at the CET Maharashtra. Therefore,
this is not a case of any examination, having no nexus with the
subject course, being cleared. A candidate clearing JEE is entitled
for admission to the HMCT course. These candidates are on par
with the candidates who appeared for the CET Maharashtra. The
petitioners cannot insist that they be admitted in the vacant seats
although none of them has appeared in the HMCT-CET
Maharashtra. The other petitioners may have appeared for CET but
in the order of merit they could not obtain any admission as the list
got exhausted. Now, the seats may have remained vacant. However,
the petitioners cannot insist that they should be admitted on the
basis of the marks obtained by them in the qualifying examination.
To our mind, students like the petitioners before us cannot be
introduced in the system or allowed to enter it by a process unknown
to the rules. We do not think that there is any discrimination for
there is enough opportunity given for them to enter the institution.