Case Note & Summary
The petitioners, Vidarbha Youth Welfare Society and Shree Hanuman Vyayam Prasarak Mandal, are public trusts running engineering colleges in Amravati. They filed writ petitions challenging a circular dated 29-08-2016 issued by the Commissioner of State CET Cell, Maharashtra, which restricted admissions to engineering colleges only up to CAP Round II, despite the All India Council for Technical Education (AICTE) having granted approval for additional seats. The petitioners had vacant seats after CAP Round II and sought to participate in CAP Round III to fill them. The State Government argued that the circular was issued to streamline admissions and avoid confusion. The court analyzed the AICTE regulations and found that the circular was ultra vires the AICTE approval. The court held that the petitioners had the right to fill vacant seats as per AICTE norms and directed the respondents to allow the petitioners to participate in CAP Round III. The petitions were allowed, and the impugned circular was set aside.
Headnote
A) Education Law - Admission to Engineering Colleges - Centralized Admission Process (CAP) - AICTE Approval - The petitioners, engineering colleges, challenged a State Government circular restricting admissions to CAP Round II only, despite AICTE granting approval for additional seats and vacant seats being available. The court held that the circular was ultra vires the AICTE regulations and directed the respondents to allow the petitioners to participate in CAP Round III for filling vacant seats. (Paras 1-10) B) Administrative Law - Ultra Vires - State Circular vs. AICTE Regulations - The court found that the impugned circular dated 29-08-2016, which limited admissions to CAP Round II, was contrary to the AICTE approval and the statutory scheme. The court set aside the circular and directed the respondents to permit the petitioners to fill vacant seats through CAP Round III. (Paras 5-10)
Issue of Consideration
Whether the State Government can restrict admissions to engineering colleges only up to CAP Round II, despite AICTE approval for additional seats and the availability of vacant seats, and whether the impugned circular dated 29-08-2016 is ultra vires the AICTE regulations.
Final Decision
The court allowed the writ petitions, set aside the impugned circular dated 29-08-2016, and directed the respondents to permit the petitioners to participate in CAP Round III for filling vacant seats in their engineering colleges.
Law Points
- Admission to engineering colleges
- Centralized Admission Process (CAP)
- AICTE approval
- State Government circular
- Vacant seats
- CAP Round III
- Right to fill seats
- Ultra vires
- Article 226
