MAHATMA GANDHI MISSIONS INSTITUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The law is essentially mutable and requires to mould itself with the changing need of the society. In some spheres, the laws emerge from values, discipline and progression of the society as a whole. The laws normally emerge from the need of the social fabric and they meliorate for the betterment, development and progression of laws as well as administrative governance. Sometimes, the law changes by amendments or new enactments as the Legislatures feel credulous of such change. It is equally settled cannon of civil jurisprudence that the Legislative law leaves sometimes either the field of law untouched or the enacted law leaves vacant or gray areas which then are supplied by judicial pronouncements. This necessity arises not as a concept of judicial activism but more out of a need to fill up the lacuna or supply the gaps left by the Legislature primarily to ensure due protection against arbitrary administrative action and also to ensure that actions are in conformity to the constitutional mandate of equality and fairness. Education is one such field where the Judge made law has shown greater impact by application of this principle in matters relating to admission to educational institution. The legislative law and more particularly the notifications issued in exercise of subordinate legislation have lacuna or open areas in the sphere of execution which fall short of clarity and exactitude. Without adherence to such judicial dictum, achievement of the real object behind such enactments or notification is not possible. Doctrine of merit and fairness is often trivialized by delayed administrative actions in regard to implementation of methodology specified for admission to various professional courses. In the present days, education is one of the most highly competitive field where fraction of one mark even can materially affect or alter the course of admissions on the one hand and future of the students on the other. Ab antique it is accepted in the principle that Actus legitimi non recipiunt modum. The purpose of law is to be in conformity with the constitutional mandate that the legislative or administrative action of the State should always been in conformity with the laws in force and should essentially be devoid of any arbitrariness or discrimination. They must have an essence of fairness in State action and they should not only be just ex facie but in substance should avoid wrong to the public at large. Whatever the laws in force, the notifications issued in furtherance to the provisions of the different Acts, the State Government policy as well as the judicial pronouncements including those of Supreme Court of India have without fail emphasised the need for adherence to the specified parameters in relation to various aspects of professional education in the country. Even the object of judicial intervention in educational matters is primarily aimed at scrupulously following these essential features for maintaining proper administration of admission to different fields in the education.

(2.) These are precepts stated by judicial pronouncement for fair and timely admission to professional courses. The State issues notifications for admissions to various courses in discharge of its statutory obligation. Various judgments of the Supreme Court and various High Courts have deliberated upon these issues at great length and all uniformly have emphasised the principle of just, fair and transparent method of admission with adherence to the rule of merit.

(3.) One of the most important aspect of maintaining admissions on merit is adherence to time schedule and granting admission at the earliest in order of merit. Delayed display of merit list not only affects commencing courses on time but it also affects counseling and taking other institutional steps essential for admission to courses. It can have adverse effect on admission on merit which totally frustrate the process of admission of meritorious students to the institution of their preference.