Case Note & Summary
The petitioner, Alisha Murtaza Khokhawala, a student who completed her B.P.Th from M.G.M. College of Physiotherapy, Navi Mumbai in 2017, sought admission to the M.P.Th course. She participated in the Common Entrance Test conducted by the Government of Maharashtra on 22 July 2017. The State of Maharashtra, through the Department of Medical Education and Drugs, the Director of Medical Education and Research, and the Commissioner, State Common Entrance Test Cell, were impleaded as respondents. The petitioner challenged the decision to proceed with institutional level rounds for admission to private unaided physiotherapy colleges without conducting a second mop-up round as per the information brochure published by respondent no.3. The court examined the admission process outlined in the brochure, which included a centralized mop-up round for private unaided colleges. The State argued that the brochure was only a tentative schedule and that the institutional level rounds were necessary to fill vacant seats. However, the court held that the brochure was binding and that the State must adhere to it. The court directed the respondents to conduct a second mop-up round for private unaided physiotherapy colleges for M.P.Th courses before proceeding to institutional level rounds, and kept the institutional level round in abeyance until the second mop-up round was completed. The petition was allowed with the above directions.
Headnote
A) Admission Law - Postgraduate Physiotherapy Courses - Centralized Admission Process - Information Brochure - The State is bound by the admission process prescribed in the information brochure, which mandates a second mop-up round for private unaided colleges before institutional level rounds. The court held that the State cannot deviate from the brochure and must conduct the second mop-up round as per the schedule. (Paras 1-28) B) Admission Law - Mop-Up Round - Institutional Level Rounds - The court directed the State to conduct a second mop-up round for private unaided physiotherapy colleges for M.P.Th courses before proceeding to institutional level rounds, as per the information brochure. The court also directed that the institutional level round be kept in abeyance until the second mop-up round is completed. (Paras 1-28)
Issue of Consideration
Whether the State authorities can proceed with institutional level rounds for admission to M.P.Th courses without conducting a second mop-up round for private unaided colleges as per the information brochure.
Final Decision
The petition is allowed. The respondents are directed to conduct a second mop-up round for private unaided physiotherapy colleges for M.P.Th courses before proceeding to institutional level rounds. The institutional level round shall be kept in abeyance until the second mop-up round is completed.
Law Points
- Admission process for postgraduate physiotherapy courses must follow centralized mop-up round before institutional level rounds
- State cannot delegate admission process to private colleges without completing centralized rounds
- Information brochure is binding on the State and must be adhered to
