Case Note & Summary
The petitioners, three students who had appeared for the ATMA (AIMS Test for Management Admission) examination on 6 July 2020, challenged a Government Circular dated 16 March 2020 issued by the Higher and Technical Education Department of Maharashtra. The circular stated that from the academic year 2020-21, only candidates who had appeared for the MAH-MBA/MMS CET, GMAT, or CAT examinations would be eligible for admission to MBA and MMS courses, thereby excluding candidates who had taken the GMAT, MAT, ATMA, or XAT examinations. The petitioners had relied on the previous policy under which ATMA scores were considered valid for admission. They had not appeared for the MS-CET, which was conducted on 14-15 March 2020, as they had opted for ATMA. The petitioners contended that the circular was arbitrary and violated their legitimate expectation, as they were not put to sufficient notice before appearing for ATMA. The court examined the issue of whether the circular was legal and proper. The court noted that the circular was issued after the MS-CET examination had already been conducted, and that the petitioners had a legitimate expectation that ATMA scores would continue to be valid. The court held that the circular was arbitrary and unreasonable, as it changed the eligibility criteria retrospectively and without adequate notice. The court directed the respondents to consider the ATMA scores of the petitioners for admission to MMS/MBA courses for the academic year 2020-21, and to make necessary amendments to the rules accordingly. The petition was allowed.
Headnote
A) Administrative Law - Legitimate Expectation - Change in Admission Criteria - The State Government's circular restricting MBA/MMS admissions to only MAH-CET, GMAT, and CAT scores was held arbitrary and violative of the legitimate expectation of students who had already appeared for ATMA, MAT, GMAT, and XAT examinations based on the previous policy. The court directed that the petitioners' ATMA scores be considered for admission for the academic year 2020-21. (Paras 2-14) B) Constitutional Law - Right to Education - Article 14 - Arbitrariness - The sudden change in eligibility criteria without adequate notice and after the conduct of the MS-CET examination was held to be arbitrary and unreasonable, violating the right to equality under Article 14 of the Constitution of India. (Paras 2-14)
Issue of Consideration
Whether the State Government's Circular dated 16 March 2020, which restricted eligibility for MBA/MMS admissions to only MAH-CET, GMAT, and CAT scores, was legal and proper, particularly in light of the petitioners' legitimate expectation that ATMA scores would also be considered.
Final Decision
The petition is allowed. The impugned Government Circular dated 16 March 2020 is quashed and set aside insofar as it excludes the petitioners from eligibility for admission to MMS/MBA courses for the academic year 2020-21. The respondents are directed to consider the ATMA scores of the petitioners for admission and to make necessary amendments to the rules.
Law Points
- Legitimate expectation
- Arbitrariness
- Retrospective effect of policy change
- Admission criteria for professional courses
