PARTH VIDYASAGAR SHINDE Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Shelke, learned counsel and Mr. Gade, learned counsel for respective petitioners submit that the petitioners had passed CLAT examination and were shown as eligible candidates to be admitted in the National Law Universities in the State of Maharashtra from SEBC category. The admission process has commenced. The petitioners were allotted Maharashtra National Law University, Mumbai and Maharashtra National Law University, Nagpur. Even the further process had been done except the stage of verification of the documents. Subsequently, respondents canceled the allocation of colleges to the petitioners on the ground that the Hon'ble Apex Court has stayed the SEBC reservation. The petitioners could have been considered from the EWS. The learned counsel for the petitioners rely upon the interim order passed by the Hon'ble Apex Court in a case of Janhit Abhiyan Vs. Union of India in Writ Petition (Civil) No.55/2019. The learned counsel submit that once the admission process starts, the modalities cannot be changed.

(2.) Mr. Gade, learned counsel relies on the judgment of the Larger Bench of the Apex Court in a case of S. Krishna Sradha Vs. State of Andhra Pradesh and Others dated December 13, 2019 in Civil Appeal No.1081 of 2017 and submits that if it is not the fault of the candidate, then High Court may direct admission to be given even after the cut off date.

(3.) The learned counsel appearing for the Maharashtra National Law University, Mumbai and Maharashtra National Law University, Nagpur submit that no vacancy exists, all seats are filled in. The learned counsel for consortium submits that after the stay was granted on 11.09.2020 by the Hon'ble Apex Court to SEBC reservation, the Press Note was released to the effect that those who had applied from the SEBC category would be considered from the Open category. All these petitioners were considered from the Open category, however, could not get admission on merit.