Case Note & Summary
The petitioner, Seva Shikshan Prasarak Mandal's Dr. N.J. Paulbudhe College of Education, Ahmednagar, filed a writ petition challenging a communication dated 03.02.2023 issued by the Commissioner and Competent Authority of the Common Entrance Test Cell, Maharashtra State (respondent No.2), which refused to approve the admissions of 23 students for the B.Ed. course. The petitioner had admitted these students after they appeared in the Common Entrance Test (CET) and fulfilled the eligibility criteria as per the rules prevailing at the time of admission. However, the respondent No.2 subsequently issued a communication altering the eligibility criteria and denied approval. The petitioner sought a writ of mandamus to quash the impugned communication and direct approval of the admissions. The court, after hearing the parties, held that the Admission Regulatory Authority cannot refuse approval based on a subsequent change in eligibility criteria after the admission process had commenced. The court set aside the impugned communication and directed respondent No.2 to approve the admissions of the 23 students. The court also disposed of the connected civil application.
Headnote
A) Education Law - Admission Approval - Change in Eligibility Criteria - The Admission Regulatory Authority cannot refuse approval of admissions based on a subsequent change in eligibility criteria after the admission process has commenced. The court held that the impugned communication dated 03.02.2023 was arbitrary and set it aside, directing approval of the 23 students' admissions. (Paras 1-5) B) Writ Jurisdiction - Mandamus - Direction to Approve Admissions - The court issued a writ of mandamus directing the respondent No.2 to approve the admissions of 23 students for B.Ed. course, as the petitioner had complied with all requirements at the time of admission. (Paras 1-5)
Issue of Consideration
Whether the Admission Regulatory Authority can refuse to approve admissions of students for B.Ed. course based on a communication issued after the admission process had commenced, which altered the eligibility criteria.
Final Decision
The court allowed the writ petition, quashed the impugned communication dated 03.02.2023, and directed respondent No.2 to approve the admissions of the 23 students for the B.Ed. course. Rule made absolute. Civil application disposed of.
Law Points
- Admission approval cannot be denied based on subsequent change in eligibility criteria
- Admission Regulatory Authority must act within statutory framework
- Writ of Mandamus can be issued to direct approval of admissions
