VAIBHAV JANARDHAN SANKPAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Writ Petition is filed by the students, who have been admitted to a Educational Institution namely Late N.B. Chabada Institute of Engineering & Technology, Raogaon, Tal. Jawali, Dist. Satara. The petitioners have averred in this Writ Petition that they have completed their Higher Secondary Education (12th standard) and after securing good marks, they were desirous of making a career in Engineering. Therefore, they secured admission in this college which is respondent no.4, for the degree course, in the academic year 2012 -13. The case of the petitioners' is that the Shivaji University or Directorate of Technical Education, Government of Maharashtra, had never informed the students that the institution in question has no affiliation or conditional affiliation. The name of the college was displayed on their official website as one of the institutions, which can be opted for pursuing the course. It is in these circumstances, that the petitioners got themselves admitted and thereafter paid the fees. They also deposited the examination fees for the first term examination to be held in October -November 2012, their forms were accepted and the students were allowed to appear for the examination and their results were also declared. They also appeared in the further examination in May, 2012 -13 and thereafter they came to know for the first time that the respondent no.3 University has cancelled the affiliation of the respondent no.4 college. Hence, the results could not be declared.

(2.) THEY approached the Statutory Authority and ultimately a Minister in the State Government namely the Minister of Higher and Technical Education convened the meeting on 22.08.2013 and at which meeting, it was agreed that the students' career will not be jeopardized and some arrangements would be made including transferring them to some other affiliated college in the vicinity. However, neither the results are declared nor are the other arrangements made. Hence, this writ petition is filed with the prayer for declaration of Results and Transfer to other recognised and affiliated institution.

(3.) THE argument of Mr. Mankapure, learned advocate appearing of the petitioners is that this is not a case on par with other institutions, which are totally unrecognized and from inception the students in such cases are aware that they have opted for and got themselves admitted to such unrecognised and unauthorised educational institutions. Then, they take the risk of being admitted in the Institution, which lacks basic amenities, competent and duly qualified staff, laboratories and other equipments including class -rooms. Respondent no.4 is a institute, which was always stated to be affiliated and, therefore, recognised. That there was a conditional affiliation was never informed and particularly to the students by appropriate entries and insertion in the official website. For all these reasons, the students' case be considered sympathetically.