Case Note & Summary
The petitioners, engineering graduates from universities other than the University of Mumbai, filed a writ petition under Article 226 of the Constitution of India challenging the change in autonomous status of the Jamnalal Bajaj Institute of Management Studies (JBIMS) by the State Common Entrance Test Cell and the consequent seat allocation for the Master in Management Studies (MMS) course for the academic year 2019-2020. JBIMS, a department of the University of Mumbai, had been granted autonomous status by the University in 2014 for a period of five years expiring in July 2019. Under the autonomous status, 85% of the total seats were to be filled at the state level on the basis of merit, without any reservation for the home university (University of Mumbai). The petitioners relied on this autonomous status as displayed on official websites, secured ranks in the Common Entrance Test (CET), and gave up admissions in other institutions. During the admission process, the State CET Cell published a revised schedule and displayed JBIMS as a non-autonomous institution, resulting in 70% of the seats being reserved for graduates of the University of Mumbai. The petitioners contended that the autonomous status had not been withdrawn or revoked by the University of Mumbai, and that the process for extension had commenced. They sought directions to extend the autonomous status, quash the impugned seat matrix, and restrain admissions based on the non-autonomous categorization. The court heard the parties, issued rule, and with consent made the rule returnable forthwith, marking the final hearing. The remainder of the judgment text is not available.
Issue of Consideration
Whether the autonomous status of Jamnalal Bajaj Institute of Management Studies (JBIMS) continued beyond July 2019 and whether the State Common Entrance Test Cell was justified in treating it as non-autonomous for the purpose of seat allocation in the MMS course for the academic year 2019-2020.
Case Details
2019 LawText (BOM) (07) 144
WRIT PETITION (ST) NO. 20304 OF 2019
S. C. DHARMADHIKARI, J. & SANDEEP K. SHINDE, J.
Mr. S.B. Talekar a/w V.P. Patil, Vinod Tayde i/b M/s. Talekar and Associates for Petitioners; Mr. A.A. Kumbhakoni, Advocate General a/w Mr. B.V. Samant, AGP, Mr. P.P. Kakade for State; Mr. Rui A. Rodrigues for Respondent No.6; Ms. Shivani Khanna a/w Mr. Saahil Bijliwala i/b FZB & Associates for Respondent Nos.3 and 4
Dhiraj Udayrao Borse & Ors.
State of Maharashtra & Ors.
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Nature of Litigation
Civil writ petition under Article 226 of the Constitution of India challenging the change in autonomous status of JBIMS and the consequential seat allocation for the MMS course.
Remedy Sought
Petitioners sought directions to initiate and complete the process of extension of autonomous status for JBIMS; quash the impugned seat allocation matrix published by the State CET Cell; grant admissions on merit without home university reservation; restrain admissions based on the impugned seat matrix and provisional allotment list.
Filing Reason
Petitioners, graduates of universities other than the University of Mumbai, sought admission to JBIMS's MMS course, relying on its displayed autonomous status which provided 85% state-level seats without home university reservation. The status was changed to non-autonomous after the admission process began, leading to 70% seats being reserved for University of Mumbai graduates, thereby prejudicing the petitioners.
Issues
Whether the autonomous status of JBIMS continued beyond the initial five-year period and whether the State CET Cell could treat it as non-autonomous for seat allocation.
Whether the petitioners had a vested right or legitimate expectation based on the autonomous status displayed.
Whether the change in status during the admission process was arbitrary and violative of Article 14 of the Constitution of India.
Submissions/Arguments
Petitioners contend that JBIMS's autonomous status was granted by University of Mumbai and not withdrawn, and thus should be treated as autonomous for admissions; they relied on the displayed status and gave up other admissions; the change mid-process was arbitrary and illegal.
Judgment Excerpts
By this petition under Article 226 of the Constitution of India, the petitioners pray for the following reliefs...
all of sudden, the schedule of dates for Maharashtra State/ All India candidates was revised on 4th July, 2019 for the reasons best known to the respondents and the State CET Cell.
the status being changed to non-autonomous and from the academic year 2019-2020, according to the petitioners, would result in 70% of the seats in JBIMS being earmarked for the Home University, namely, the University of Mumbai
Procedural History
Petitioners filed writ petition. Court heard both sides. Rule issued, respondents waive service, rule made returnable forthwith by consent. Matter heard finally.
Acts & Sections
- Constitution of India: Article 226
- UGC Regulations, 2018:
- University of Mumbai Statutes: Statute Nos. 593 to 642
