Case Note & Summary
The petitioners, educational institutions running professional courses, challenged a circular issued by the State of Maharashtra that directed them to conduct admissions only for government quota seats for the academic year 2026-27. The institutions argued that the circular was contrary to the Maharashtra Unaided Private Professional Educational Institutions Act, 2015, which allows them to admit students under both government quota and institutional quota. The court examined the provisions of the Act, particularly Sections 10 and 12, and found that the circular was not in consonance with the statutory scheme. The court noted that the institutions had already been granted approval and were entitled to admit students as per the Act. The court set aside the circular and allowed the institutions to proceed with admissions in accordance with the Act and earlier government resolutions. The judgment emphasized that the Act provides a comprehensive framework for admissions and the government cannot override it through executive instructions.
Headnote
A) Education Law - Admission Process - Unaided Private Professional Educational Institutions - Sections 10, 12 of Maharashtra Unaided Private Professional Educational Institutions Act, 2015 - Petitioners challenged a circular directing that admissions be conducted only for government quota seats - Court held that the circular was contrary to the Act and the institutions' right to admit students under their own quota - Held that the institutions could proceed with admissions as per the Act and earlier government resolutions (Paras 1-10).
Issue of Consideration
Whether the State Government's circular restricting admissions to unaided private professional educational institutions to only government quota seats is valid under the Maharashtra Unaided Private Professional Educational Institutions Act, 2015.
Final Decision
The court allowed the writ petitions, set aside the impugned circular, and directed that the petitioners may proceed with admissions in accordance with the Maharashtra Unaided Private Professional Educational Institutions Act, 2015 and earlier government resolutions.
Law Points
- Admission process
- Professional educational institutions
- Unaided private institutions
- Government quota
- Circular validity
- Section 10 of Maharashtra Unaided Private Professional Educational Institutions Act
- 2015
- Section 12 of Maharashtra Unaided Private Professional Educational Institutions Act
