Case Note & Summary
The petitioners, Maharashtra Medical Education and Research Centre and Anr. and The Association of Muslim Minoritys Medical Educational of Maharashtra, Pune, are minority institutions imparting technical and professional education. They had been conducting separate common entrance tests (CET) and centralized admission processes (CAP) based on previous orders of the Bombay High Court and the Supreme Court. For the academic year 2015-2016, they applied for similar permission, but the Pravesh Niyantran Samiti (Medical Education) (Respondent No.3) did not grant it, leading to the filing of these petitions before 12 May 2015. On 12 May 2015, the State of Maharashtra promulgated the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Ordinance, 2015, which was later converted into the Maharashtra Act No. XXVIII of 2015 on 17 August 2015. The Act regulates admissions and fees in unaided private professional institutions. The petitioners argued that they had been conducting separate CET/CAP with court approval and sought similar permission for the current year. The State and Respondent No.3 opposed, citing the new Act. The Court, after hearing the parties, noted that the Act requires the State to take steps for regularization of admissions and fees. The Court allowed the petitioners to conduct separate CET/CAP for the academic year 2015-2016, subject to compliance with the Act and further orders. The petitions were directed to be listed for final hearing in due course. The Court emphasized that the interim arrangement was to ensure continuity and transparency in admissions pending final resolution.
Headnote
A) Constitutional Law - Minority Educational Institutions - Right to Conduct Separate CET - The petitioners, being minority institutions, sought permission to conduct their own common entrance test and centralized admission process for the academic year 2015-2016, which was denied by the Pravesh Niyantran Samiti. The Court, considering the previous orders of the Supreme Court and this Court, allowed the petitioners to conduct separate CET/CAP for the current academic year, subject to compliance with the new Act and further orders. (Paras 1-6) B) Education Law - Regulation of Admissions - Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015 - The State promulgated an Ordinance on 12 May 2015, later converted into the Act, to regulate admissions and fees in unaided private professional institutions. The Court directed that the petitioners' admissions be regularized under the Act and that the State take necessary steps for effective implementation. (Paras 3-6) C) Interim Relief - Pending Final Hearing - The Court granted interim relief to the petitioners, allowing them to conduct separate CET/CAP for the academic year 2015-2016, subject to the outcome of the petitions and compliance with the Act. The matter was directed to be listed for final hearing in due course. (Paras 5-6)
Issue of Consideration
Whether minority institutions are entitled to conduct separate common entrance test (CET) and centralized admission process (CAP) for the academic year 2015-2016 despite the enactment of the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015.
Final Decision
The Court allowed the petitioners to conduct separate CET/CAP for the academic year 2015-2016, subject to compliance with the Maharashtra Act No. XXVIII of 2015 and further orders. The petitions are to be listed for final hearing in due course.
Law Points
- Minority institutions' right to conduct separate common entrance test
- Regulation of admissions under Maharashtra Act No. XXVIII of 2015
- Interim relief pending final hearing
