MOHAMMAD ASEF RAFEEQUE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forth-with. With consent of learned counsel appearing for parties, heard finally at the stage of admission.

(2.) Points of controversy in all these petitions are centered on the issue of validity and propriety of clause No. 2.1.1 of the prospectus 2018-2019 published / issued by respondent No. 2 - Maharashtra Council of Agriculture Education and Research, Pune (for short "MCAER, Pune") for admission to Post Graduate Course in Agricultural University in Maharashtra State. Therefore, all these allied petitions are dealt with together for its adjudication on merit by this common judgment.

(3.) The petitioners are from OBC, NT as well as ST reserved categories. They produced their caste certificates on record for perusal. After completion of graduation in B. Tech ( Food Tech.) from Vasantrao Naik Marathwada Agricultural University, Parbhani, the petitioners were intending to pursue Post Graduate Course. Therefore, they appeared for CET examination conducted by respondent No. 2 - MCAER, Pune. In the CET examination, the petitioners got success and their names shown in the provisional and final merit list as well as appeared in the list of first round of PG admission published on 24-08-2018. The petitioners secured rank Nos. 25, 23, 26 and 35 against total marks obtained as 5.478, 5.552, 5.309 and 4.763 respectively. Accordingly, respondent No. 2 - MCAER, Pune issued provisional allotment letter in favour of petitioners and it was informed that provisional admission were allocated to each of the petitioner for the Post Graduate Course of M.Tech. (Food Tech.) in Food Technology College, Parbhani. The petitioners contend that provisional admission was accorded on certain terms and conditions and they were asked to report the allotted College within prescribed period for final admission. Accordingly, the petitioners kept ready all their original documents for verification by the College Authority. But, in the meanwhile, respondent No. 2 - MCAER, Pune communicated to the petitioners that their provisional allotment came to be cancelled owing to non-eligibility as per PG Prospectus clause- point No. 2.1.1. Pursuant to same, the respondent - College did not allow the petitioners to comply all procedural formalities to get final admission for Post Graduate Course. Being aggrieved by the act of cancellation of provisional admission for Post Graduate Course (Food Tech.), the petitioners rushed to this Court and preferred these writ petitions under Articles 226 and 227 of the Constitution of India to redress their grievance.