Case Note & Summary
The petitioner, Association of Management of Ayurvedic Medical Colleges Maharashtra, representing 44 private unaided Ayurvedic colleges, challenged orders passed by the Maharashtra University of Health Sciences (respondent no.2) and the Pravesh Niyantran Samiti (respondent no.3) directing the colleges to participate in the centralized admission process (CAP) conducted by the State or the University for admission to undergraduate and postgraduate courses. The petitioner contended that the colleges had decided to conduct a common entrance test through the Association of Management of Unaided Private Medical and Dental Colleges (AMUPMDC), which was permissible under the Indian Medicine Central Council Act, 1970 and the regulations framed thereunder. The respondents argued that the colleges must follow the centralized process to ensure transparency and merit. The court, relying on the Supreme Court's decisions in T.M.A. Pai Foundation v. State of Karnataka and P.A. Inamdar v. State of Maharashtra, held that unaided private professional institutions have the right to admit students through their own admission process, including a common entrance test conducted by an association of colleges, as long as merit is maintained. The impugned orders were quashed and set aside, and the respondents were directed not to interfere with the admission process conducted by the petitioner through AMUPMDC for the academic year 2015-2016.
Headnote
A) Constitutional Law - Right of Unaided Private Professional Institutions - Admission Process - Articles 19(1)(g) and 26 of the Constitution of India - Unaided private Ayurvedic medical colleges have the right to admit students through their own common entrance test conducted by an association of colleges, subject to fulfilling statutory requirements and maintaining merit. The court held that the impugned orders directing the colleges to participate in the centralized admission process of the State or University were unsustainable. (Paras 2-10) B) Education Law - Ayurvedic Medical Education - Admission Procedure - Indian Medicine Central Council Act, 1970, Section 3 - The Central Council of Indian Medicine (CCIM) regulations do not mandate that admissions must be through a single centralized process by the State or University; the colleges can adopt a common entrance test through their own association. (Paras 4-8) C) Administrative Law - Quasi-Judicial Orders - Validity - The orders passed by the University and the Pravesh Niyantran Samiti (PNS) were set aside as they were contrary to the legal position settled by the Supreme Court regarding the autonomy of unaided private institutions. (Paras 9-10)
Issue of Consideration
Whether the respondent authorities can compel the petitioner association of unaided Ayurvedic medical colleges to admit students through a centralized admission process conducted by the State or the University, or whether the colleges are entitled to conduct their own common entrance test through AMUPMDC.
Final Decision
The impugned orders passed by respondent nos. 2 and 3 are quashed and set aside. The respondents are directed not to interfere with the admission process conducted by the petitioner through AMUPMDC for the academic year 2015-2016. Rule made absolute.
Law Points
- Admission to unaided private professional colleges
- autonomy of private unaided institutions
- common entrance test
- Indian Medicine Central Council Act 1970
- Maharashtra University of Health Sciences Act
