INDIRA GANDHI ENGINEERING COLLEGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a review petition praying for review of our order dated November 9, 1998 passed in Civil Application No. 9917 of 1998 declining the interim relief to the petitioners. We had declined to grant the interim relief purely on the ground that even if permission to the petitioner College is granted now and the admission process is commenced with absolute, dispatch the term could not have been commenced earlier than 23-11-1998 and even if we calculate the term upto 10-1-1999 i.e. a day prior to the commencement of the second semester which is due to be commenced on 11-1-1999, only 48 days could be completed. This includes even intervening Saturdays, Sundays and public holidays. As per semester, the minimum attendance would be 72 days and as the students could not complete the minimum requirements as per the AICTE guidelines, we were constrained to reject the application.

(2.) The present Civil Application is taken out mainly on the ground that if the calculation of the term is reckoned from 11-9-1998 then the attendance would be only for 55 days. The rescheduled admission programme round-1 at all the University area admission centres commenced on 23-7-1998 which ended on 24-7-1998. Round-2 started at all University area on 26-7-1998 and ended on 12-8-1998. Then round-3 starts at Sardar Patel College of engineering on 16-8-1998 and ended on 17-8-1998 and as outside Maharashtra State admission process started on 19-8-1998 and ended on 25-8-1998 and the last date of admission for payment seats as per rule-6.6 was 11-9-1998, it is contended that the term must have started not earlier than 11-9-1998.

(3.) Shri Rodrigues, the learned counsel appearing for the University on the other hand submitted that when second round ended on 12-8-1998, so far as the colleges affiliated to the University of Mumbai are concerned, all the seats were filled in. According to Shri Rodrigues, as per the revised term, the term commenced on 17-8-1998 and as such the term would end on 5-12-1998, and the students admitted on 12-8-1998 should definitely complete the minimum required attendance and if required, by working on few Saturdays and Sundays. But such is not case with the students which can be admitted to the petitioning colleges which was demonstrated and which finds place in our order under review.