DR. PALLAVI MANOHAR DALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since an identical challenge is raised in these writ petitions to the communication dtd. 3/8/2021 issued by the Secretary, Admissions Regulatory Authority conveying the order dtd. 3/7/2019 passed by the Admissions Regulatory Authority, all the writ petitions can be conveniently decided by this common judgment.

(2.) Writ Petition No.3153/2021 has been filed by ten Petitioners. It is their case that in the academic year 2016-17 some of them had appeared for Common Entrance Test (for short 'CET ') seeking admission to the Postgraduate course in Ayurveda. Those Petitioners who had appeared in that CET did not get 50% marks. The cut off date for admission as declared by the CCIM was 30/10/2016 but the same was extended finally till 31/12/2016. After conducting various rounds of admission for admitting students to the Postgraduate Ayurveda Course, it is the case of the Petitioners that CCIM permitted various unaided private professional colleges to fill in the vacant seats at the institution level. The Petitioners responded to an advertisement issued by the 4th Respondent for filling in the said vacant seats. The Petitioners appeared in the entrance test conducted by the 4th Respondent and thereafter they were admitted to the Postgraduate Course. The said post was for duration of three years and it their case that they had completed obtaining instructions therein. The admissions of the Petitioners were not being regularised for the reason that they had been admitted to the Postgraduate course without appearing in the CET conducted by the 3rd Respondent. On 3/8/2021 the 3rd Respondent - Admissions Regulatory Authority (for short 'the Authority ') informed the Registrar of the 2nd Respondent - Maharashtra University of Health Sciences (for short 'the University ') that in the meeting of the Authority held on 3/7/2019 vide Item 12(d), the said Authority had held that the admissions of the Petitioners could not be regularised since they have not appeared in the CET. The Petitioners have thus challenged the order dtd. 3/7/2019 passed by the Authority that has been communicated to the University on 3/8/2021. The Petitioners pray that their admissions be regularised and they be permitted to complete the Postgraduate course in question in all respects and they be issued Postgraduate degrees.

(3.) Writ Petition No.3158/2017 has been filed by seventeen Petitioners who are similarly situated and they seek similar relief as in Writ Petition No.3153/2021. The institution in which these seventeen Petitioners were admitted in the Postgraduate course having duration of three years has filed Writ Petition (st) No.20639/2021 challenging the order dtd. 3/8/2021 passed by the Authority.