SUYOG VILASRAO JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, heard forthwith.

(2.) The petitioner is studying in second year of four year degree course of Pharmacy. The petitioner had passed Diploma of Pharmacy having secured 603 marks out of 1000. The petitioner had earlier secured 60% marks in S.S.C. and 52.83% marks in H.S.C. All these facts have been disclosed in the application form for admission to second year of four year degree course in Pharmacy. The petitioner's name at the time of admission was shown at Serial No. 37 in the merit list and was given admission after due scrutiny for academic year 2007-2008. The petitioner paid tuition fees of Rs. 25,000/- on 17-8-2007. The petitioner appeared for the second year B. Pharmacy examination held in November 2007. The results were declared on 12-2-2008.

(3.) Admission, according to the petitioner, to the second year of four year degree course in Pharmacy is governed by the rules for direct admission to the second year of four year degree course in Pharmacy for the academic year 2007-2008 framed by the Higher and Technical Education Department of the Government of Maharashtra. Rule requires the candidates should have passed in first class/first class with condonation, post H.S.C. diploma course in Pharmacy from an institution approved by A.I.C.T.E. Rules further provide that the admission of any candidate in an institution is provisional and subject to acceptance /production of eligibility certificate from the concerned University and the final approval to the merit list of second year Degree Course in Pharmacy by the Director of Technical Education, Maharashtra State. Rules further provide that if the candidate fails to get eligibility, his admission may be cancelled at any stage. The petitioner took two attempts to pass Diploma in Pharmacy, having secured more than 60% marks and therefore, not in first class. According to the petitioner, rules for direct admission to second year of four year degree course in Pharmacy does not require that the candidate must have passed Diploma in Pharmacy in one attempt and that to in first class. According to the petitioner, nowhere in the rules for admission is there a condition, much less a condition of eligibility that the candidate must have passed Diploma in Pharmacy in first attempt. For the non approval of the petitioner's admission by the Director of Technical Education, it is submitted that it is contrary to law. According to the petitioner, there are several students who have been admitted in Pharmacy Colleges affiliated to Pune University, who have passed Diploma in Pharmacy in more than one attempt and still, their admissions are not cancelled. The petitioner has therefore filed the present petition.