WRIT PETITION NO. 6608 OF 2016

Writ petition under Article 226 of the Constitution of India challenging the introduction of Common Entrance Test (CET) for admissions to five-year integrated law course in Maharashtra for academic year 2016-2017.

Quashing of the CET notification and declaration that admissions be based on HSC examination marks; also challenge to the legality of the Maharashtra Unaided Private, Professional, Educational Institutions (Regulations of Admission and Fees) Act, 2015 and the Rules thereunder.

Alleged lack of proper syllabus, non-publication of examination pattern on official website, short notice, chaos in admission process, violation of fundamental rights under Article 14, and arbitrary extension of CET to government and aided law colleges.

Whether the introduction of CET for law admissions without adequate pre-publication of syllabus and pattern violates Article 14 and the right to education? Whether the Maharashtra Unaided Private, Professional, Educational Institutions (Regulations of Admission and Fees) Act, 2015 and the Rules framed thereunder can be applied to government and aided law colleges? Whether the CET process violates Section 65 of the Maharashtra Universities Act, 1995? Whether the CET encroaches upon the regulatory field of the Bar Council of India under the Advocates Act, 1961 and the Bar Council of India Rules of Legal Education, 2008? Whether the petitioners' legitimate expectation was breached by the sudden introduction of the CET without prior information?

The syllabus and examination pattern for the CET were never published on the official government website; only private websites had unauthorised information, causing confusion. The CET was announced by Government Resolution on 4th December 2015, but the eligibility notification came on 11th March 2016 and the dates on 13th April 2016, giving insufficient time for preparation. The Maharashtra Unaided Private, Professional, Educational Institutions Act, 2015 was meant for unaided private institutions, yet CET was applied to government and aided colleges without considering their distinct structure and absence of management quota. No guidelines for preference-based counselling or merit list preparation were issued, raising concerns of arbitrariness. No experts from reputed law colleges were involved in setting the question paper or determining the pattern, indicating lack of proper research. There is no shortage of seats in law colleges; often seats remain vacant, so CET is unnecessary and may lead to many seats going unfilled. The petitioners relied on Section 65 of the Maharashtra Universities Act, 1995, the Advocates Act, 1961, and Bar Council of India Rules to argue that the field is occupied by Central legislation and that state interference through CET is impermissible. The father of the petitioner Shalini was visually impaired, making it harder to gather information, and the lack of official communication violated the doctrine of legitimate expectation.

the petitioner's fundamental right to education and right to equality has been violated This Government Resolution does not make any reference to the syllabus or the time period within which the syllabus would be notified. The CET cannot be applied and introduced to admissions in Government and aided law colleges in Maharashtra.

Writ Petition No. 7631 of 2016 was initially filed before the Aurangabad Bench of this Court as Writ Petition No. 5377 of 2016. Pursuant to an administrative order of the Chief Justice, it was transferred to the Appellate Side of the Bombay High Court to be heard along with Writ Petition No. 6608 of 2016. In both petitions, Rule was issued, made returnable forthwith, and by consent, the petitions were heard finally. During hearing, the petitioners were permitted to incorporate by amendment additional legal challenges based on Section 65 of the Maharashtra Universities Act, 1995, the Advocates Act, 1961, and Bar Council of India Rules, as well as pleas of legitimate expectation and non-consultation with experts.

• Constitution of India: Article 14
• Maharashtra Unaided Private, Professional, Educational Institutions (Regulations of Admission and Fees) Act, 2015:
• Maharashtra Universities Act, 1995: Section 65
• Advocates Act, 1961:
• Bar Council of India Rules of Legal Education, 2008: