IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT ...images.assettype.com/barandbench/import/2016/05/CET_WP_3.pdf · colleges in Maharashtra like ILS, Pune or GLC, Mumbai geared

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION No. __________ OF 2016

DISTRICT:-AURANGABAD

IN THE MATTER OF ARTICLES 12, 14, 21,

21A OF THE CONSTITUTION OF INDIA;

AND

IN THE MATTER OF GOVERNMENT

RESOLUTION DATED 04-12-2015 ISSUED

BY THE HIGHER AND TECHNICAL EDUCATION

DEPARTMENT;

AND

IN THE MATTER OF NOTIFICATION DATED 13-

04-2016 ISSUED BY THE GOVERNMENT OF

MAHARASHTRA THROUGH ITS STATE

COMMON ENTRANCE TEST CELL.

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Kedar S/o Sunil Varad;

Age: 17 years (minor)

Through his father and natural guardian:

Sunil VaijyanathappaVarad,

Age: 51 years; Occ.: Advocate;

R/o: Flat 1, Shrikrishna Apartment,

Opposite Sty Care Hospital

KrantiChowk, Aurangabad ….. PETITIONER

VERSUS

1. The State of Maharashtra

Through its Secretary,

Higher and Technical Education Department,

Mantralaya, Mumbai – 32.

2. The State Common Entrance Cell,

Through its Commissioner

305, III Floor, Govt. Polytechnic Building,

49 Kherwadi, Bandra (E) Mumbai – 400051

3. Director,

Higher Education,

Maharashtra State,

Pune …. RESPONDENTS

To, THE HON’BLE CHIEF JUSTICE AND OTHER HON’BLE PUISNE JUDGES OF THE HON’BLE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANAGABAD

THE HUMBLE PETITION OF PETITIONER ABOVENAMED

MOST RESPECTFULLY SUBMIT THAT:

1. The petitioner is a citizen of India and

resident of the above mentioned address.

3

2. The petitioner is a student of science

stream, grade XII, aspirant to pursue a degree

course in law. Being a minor he has filed the

present writ petition through his father.

3. The petitioner has completed his class X

from CBSE medium in KendriyaVidyalaya and has

secured the highest marks in marathwada region

being 98%. He has thereafter taken admission for

science stream for junior college and has completed

the same from the Shri. Chatrapathi College, N3

CIDCO Aurangabad. He has already appeared for

the class XII boards, and the results are awaited.

4. The petitioner has been a meritorious

student all through his school life and had an

aspiration to undertake the integrated 5-year law

course post class 12 th from one of the reputed

colleges in Maharashtra like ILS, Pune or GLC,

Mumbai geared towards litigation.

5. Till the current year the admissions in all

the law colleges in Maharashtra including ILS, Pune

or GLC, Mumbai were based on class XII results.

However, for the academic year 2016-17 onwards

the Government of Maharashtra has introduced a

common entrance test to be conducted under the

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direction of the Commissionarate of State Common

Entrance Test Cell for all the law colleges in the

State.

6. While there is nothing wrong in introducing

a uniform admission standard across all law

colleges in Maharashtra, the manner in which the

common law entrance test has been introduced and

the amount of chaos it has caused, is certainly

violative of the fundamental right to education and

the right to equality of the petitioner.

7. The CET was introduced for the law-degree

admissions for 5 year as well as 3 year courses vide

G.R. dated 04-12-2015, a copy of which is annexed

herewith and marked as Exhibit “A”.

8. The G.R. dated 04-12-2015 notified the

introduction of the CET for admission to 5 year as

well as 3 year courses in law starting from the

academic year 2016-17. The G.R. further states that

the CET would be conducted under the aiges of the

Commissioner, State Common Entrance Test Cell

(respondent No. 2 herein). However, it is

conspicuous that the G.R. does not make a mention

of the syllabus for the entrance examination or even

5

the time period within which such syllabus would

be notified.

9. By way of a Notification dated 11-03-2016,

the Government of Maharashtra through its Higher

and Technical Education has declared the eligibility

for admission to 5-year and 3-year law courses, and

has made a mention of „obtained score in CET

conducted by the competent authority‟. A copy of

the Notification dated 11-03-20162016 is annexed

herewith and marked at Exhibit “B”.

10. By way of notification dated 13-04-2016,

the Commissioner, State Common Entrance Test

Cell (respondent No. 2 herein) has declared the date

of the Maharashtra Law CET (5-years) as 18 June

and Maharashtra Law CET (3-years) as 19 June. A

copy of the notification dated 13-04-2016 is

annexed herewith and marked at Exhibit “C”.

11. Even in this notification there was no

mention of the syllabus of the law common entrance

test for the State of Maharashtra.

12. The petitioner submits that he had read in

the newspapers sometime in December 2015

regarding the introduction of CET for law

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admissions in Maharashtra, as a result of which he

has regularly checked the website of the

Commissionarate of State Common Entrance Test

Cell, who had been bestowed with the responsibility

of conducting the said CET, for any update on the

syllabus or pattern of the MAH-LAW CET exam to be

conducted for the admissions in academic year

2016-17.

13. The petitioner since was unable to find a

single notification with regards to the syllabus or

pattern of examination for the MAH-LAW CET exam

to be conducted for the admissions in academic

year 2016-17, had begun to feel that the CET was

probably pushed to the next academic year, and

that admissions would be carried out based on the

earlier method of class XII results itself.

14. However, to the utter shock of the

petitioner, he was intimated by some of his friends

who were also aspiring to undertake an education in

law, that there was a private website on the internet

which had some information with regards to the

MAH-LAW CET exam to be conducted for the

admissions in academic year 2016-17.

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15. It is then that the petitioner was introduced

to the private website

<http://www.law.careers360.com/articles/mh-cet-

law-2016> which had the deadlines, a vague outline

of syllabus and link to the application forms to be

available from May 10, 2016 as well as some

information with regards to the publication of

marks, counseling etc.

16. The information available on thethat the

petitioner was introduced to the private website

<http://www.law.careers360.com/articles/mh-cet-

law-2016> with regards to the MAH-LAW CET exam

to be conducted for the admissions in academic

year 2016-17 is as follows:

“Directorate of Technical Education, Maharashtra State will be conducting

MH CET Law 2016 on June 18 and June 19 for admissions to

undergraduate law programmes including five-year integrated and three-

year LLB programmes, respectively in various law colleges of the state.

Exam Name – Maharashtra Common Entrance Test for Law

programmes

Abbreviated Name – MH CET Law

Type – Undergraduate

Level – State

Exam Mode – Offline

Conducting Authority - Directorate of Technical Education (DTE),

Maharashtra

Participating Institutes – Each Government law college of the

Maharashtra state

http://www.law.careers360.com/articles/mh-cet-law-2016




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MH CET Law 2016 Admission Process – DTE Maharashtra will be

offering admissions to the undergraduate law programmes in every

government law college of the state through MH CET Law 2016. The

admission process of MH CET Law 2016 begins with notification. The

application forms of MH CET Law 2016 shall begin from May 10. There

shall be a Common Entrance Test (CET) for Law programmes on June 18

and 19, 2016 in online mode based on which a merit list shall be issued

and counselling shall be held for admissions to the undergraduate LLB

programmes.

MH CET Law 2016 Important Dates – DTE Maharashtra has

announced the exam date of MH CET Law 2016 while other exam dates

and events have been declared on April 13, 2016. Check below for exam

events and dates of MH CET Law 2016–

MH CET Law 2016 Important Dates

Notification April 13

Application Forms begin May 10

Application Forms end May 23

Issue of Admit Card June 6

Online Exam for 5-year integrated LLB programme June 18

Online Exam for 3-year LLB programme June 19

Results June 30

Counselling July*

MH CET Law 2016 Eligibility – You can have an overview of the

minimum academic qualification and age required for appearing for MH

CET Law 2016 for five-year integrated and three-year LLB programmes.

5-year integrated LL.B programmes –

Academic Qualification – You need to have qualified Senior

Secondary School/ Intermediate Examination/ 12th Board Exam of

10+2 school pattern or equivalent from a recognized University of

India or outside. Moreover, you also need to have secured a

minimum of 45% marks in aggregate of the subjects and 40%

marks, if belonging to SC/ST categories.

http://www.law.careers360.com/articles/mh-cet-law-2016-important-dates

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Age Required – As per the Supreme Court’s order and under

regulation of Bar Council of India (BCI), DTE Maharashtra has

announced that there shall be no maximum age limit for applying

for the five-year integrated law programmes through MH CET Law

2016.

Other important eligibility conditions – You may find more

information regarding MH CET Law Eligibility Criteria as provided

below–

1. If you are appearing in the Board examinations, you will also be

considered eligible for applying to MH CET Law 2016, subjected to

attainment of the minimum qualifying score as prescribed above, at

the timed of admissions to five-year integrated law programmes.

2. If you have possessed a 10+2 qualifying certificate through Open

University system without having any basic qualifications, will not

be considered eligible for MH CET Law 2016 Applications.

3-year LL.B programmes –

Academic Qualification – You need to have possessed a

Graduate degree in any discipline of any University of Mumbai or

an equivalent recognized University of 10+2+3 education pattern.

Moreover, you also need to have secured a minimum of 45% marks

in aggregate of the subjects (considering every year), whereas a

minimum of 40% marks in aggregate of the subjects for those

belonging to SC/ST categories.

Age Required – As per the regulations of BCI, there is no age bar

for appearing in MH CET Law 2016 for the three-year law

programmes.

Other important eligibility conditions – You may find more

information regarding MH CET Law Eligibility Criteria as provided

below–

1. If you are appearing in the final year Degree examination, you will

also be considered eligible for applying to MH CET Law 2016,

subjected to attainment of the minimum qualifying score as

prescribed above, at the timed of admissions to three-year law

programmes.

2. If you have possessed the University Degree through Open

University system without having any basic qualifications, will not

be considered eligible for MH CET Law 2016 Applications.

3. However, if you have qualified 10+2 Passing Certificate of First Year

Degree Certificate through correspondence mode shall be

considered eligible for MH CET Law 3-year LL.B programmes,

provided the degree is obtained through regular system.

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MH CET Law 2016 Application Form – DTE Maharashtra will be

announcing application forms of MH CET Law 2016 on May 10 in online

mode.

MH CET Law 2016 Admit Card – DTE Maharashtra will be issuing

admit cards of MH CET Law 2016 on June 6 in online mode.

MH CET Law 2016 Syllabus – The syllabus of MH CET Law 2016 shall

help you in knowing the subject-wise important topics of the Maharashtra

Law Common Entrance Test. With MH CET Law Syllabus 2016, you can

plan and prepare for the undergraduate law exam.

MH CET Law 2016 Exam Pattern – DTE Maharashtra will be

conducting MH CET Law 2016 in online mode on June 18 for five-year

integrated law programmes and June 19 for three-year law programmes.

Exam Mode – MH CET Law 2016 shall be conducted in online

mode only.

Language – The law entrance exam will be conducted in English

and Marathi languages.

Exam Duration – The state level law exam will be conducted for a

maximum of 2 hours.

Exam Venues – MH CET Law 2016 will be conducted at different

exam centres across the state.

Number of Questions – There shall be as many as 150 questions

of multiple-choice type.

Total Marks – MH CET Law 2016 shall be conducted for a

maximum of 150 marks.

Marking Scheme – Each correct answer shall be awarded one

mark and no marks shall be deducted from the total scored marks

as there is no negative marking policy. However, questions marked

with more than one option shall be regarded wrongly attempted

and no marks will be awarded, even one of the other options deems

to be correct.

Subjects – The law entrance exam will be conducted for both

three-year as well as five-year integrated undergraduate law

programmes. Find below the subjects for each of the programmes–

http://www.law.careers360.com/articles/mh-cet-law-2016-application-form

http://www.law.careers360.com/articles/mh-cet-law-2016-exam-pattern

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3-Year LLB programmes – The state level law exam for 3-year

LLB programme shall comprise of a total of four sections including

Legal Aptitude, General Knowledge & Current Affairs, Logical &

Analytical Reasoning and English.

5-Year integrated LLB programmes – The state level law

exam for 5-year integrated LLB programme shall comprise of a total

of five sections including Legal Aptitude, General Knowledge &

Current Affairs, Logical Reasoning, English and Basic Mathematics.

Subject-wise distribution of Questions –

3-Year LLB programmes – While Legal Aptitude and Logical &

Analytical Reasoning sections carry 30 marks each, General

Knowledge & Current Affairs carries 40 marks and English– 50

marks.

5-Year integrated LLB programmes – While Legal Aptitude

section carries 40 marks, each of the three sections–General

Knowledge & Current Affairs, Logical Reasoning and English carry

30 marks whereas Basic Mathematics carries 20 marks.

MH CET Law 2016 Exam Centres – DTE Maharashtra will be

conducting MH CET Law 2016 in various exam centres of Maharashtra

State.

MH CET Law 2016 Result – The results of MH CET Law 2016 shall be

announced in online mode on June 30.

MH CET Law 2016 Merit List – DTE Maharashtra will be issuing

Merit List of MH CET Law 2016 in online mode declaring the names of

candidates selected for admissions to the undergraduate law programmes

in various colleges of the state.

MH CET Law 2016 Counselling – The counselling for MH CET Law

2016 Admissions will be held in the month of July in online-offline mode,

where you will need to register for counselling and then produce your

documents for verification purpose followed by seat allotment and

admission formalities. “

17. The petitioner submits that none of this

information, especially the information pertaining to

the syllabus and examination pattern of the CET

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examination for law courses in Maharashtra was

made known to the public through the official

website of the Commissionarate of State Common

Entrance Test Cell, which was the body responsible

for holding the law CET.

18. As a matter of fact, there is no information

on the website of the State Common Entrance Test

Cell, the body responsible for holding the law CET,

with regards to the MAH-LAW CET exam to be

conducted for the admissions in academic year

2016-17. There is only mention of MHT-CET and

FAQ‟s relating to MHT-CET.

19. The petitioner submits that he has even

checked the official website of the Director of Higher

and Technical Education and while the publication

of the syllabus and exam pattern of the professional

courses including the CET for MBA, MCA,

Architecture courses and Hotel Management

courses is easily available whereas there is nothing

available with regards to the CET for law courses

admissions. A copy of the publication of syllabus

with regards to CET for professional courses

includingMBA, MCA, Architecture courses and Hotel

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Management courses is annexed herewith and

marked at Exhibit “D”.

20. Also, the helpline numbers available on the

official website of the State Common Entrance Test

Cell, the body responsible for holding the law CET,

are only for the „Health Science courses‟ and

„Engineering and Pharmacy‟ courses, none of which

were aware about the law CET or the syllabus for

the same.

21. The petitioner submits that he apprehends

that the application forms would be available on the

10th of May, 2016 and Maharashtra Law CET would

be conducted on 18-19 June 2016, without having

provided a clear direction on the syllabus and

pattern of the CET examination.

22. Further the petitioner has also consulted

with the reputed colleges like the ILS, Pune and

GLC, Mumbai to confirm whether admissions will be

through CET and if the colleges are aware about the

exact syllabus and pattern of paper for the

examination. To the utter surprise of the petitioner

the colleges were as unaware about the exact state

of affairs so far as the syllabus and paper pattern of

the CET was concerned, as he was. The colleges had

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informed the petitioner that none of their academics

had been invited to be a part of the team setting

papers or determining the pattern of CET

Examination.

23. The petitioner submits that if the

academicians from the most reputed colleges in the

State were not involved in setting papers or

determining the pattern of CET Examination, it was

rather doubtful that there was in-fact any team of

experts which has conducted some research and

has come up with the paper pattern and will set the

paper for the CET Examination.

24. The petitioner submits that if the syllabus

or the paper pattern is not available to him in

advance, he may lose a very significant opportunity

to pursue legal education in premier institutions of

the country to the vagaries of fate. The petitioner

who has been an academically brilliant student

through-out may have to waste a year in order to

secure a position at one of the premier institutions

of the country as the syllabus of the CET is not

made known to him or the public at large, and there

is not adequate time to prepare for the same.

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25. The petitioner further submits that despite

his persistent efforts of checking the official website

and enquiring with the helpline numbers of the

State Common Entrance Test Cell, the body

responsible for holding the law CET, he has been

unable to know the syllabus or paper pattern for the

CET, meaning thereby, that the students at large

who are relying on the admissions to be on the

basis of their class XII marks would have no

information about the same.

26. Being aggrieved by the non-publication of

the syllabus/paper pattern of the Maharashtra Law

CET and apprehending that the same would be

conducted on 18-19 June 2016, the petitioner

challenges legality, validity and correctness of the

same, on the following amongst other grounds:

GROUNDS

I. At the outset, the non-publication of

syllabus and paper pattern in case of a

change is in absolute violation of the right

to education as covered under the right to

life as well as the right to equality under

Article 14 of the Constitution of India.

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II. The respondents have not notified or

published the syllabus and /or the

examination paper pattern for the CET for

law courses in the State of Maharashtra till

date.

III. The non-publication of the change is

syllabus and/or paper pattern of the

admission to law courses, both 3-year and

5-year, is in violation of section 65 of the

Maharashtra Universities Act, 1994.

IV. The section 65 deals with the admissions to

all courses in the University departments

and affiliated colleges and empowers the

State Government to frame rules for

admissions provided that such rules must

be published in the official gazette or in the

University Gazette.

V. The full bench of the Bombay High Court in

the matter of Govinddas M. Shroff v. State

of Maharashtra reported in 1997 (1) Mah.

L.R. 545 –FB has held in para 15 of the

judgment that „section 65 requires that

model rules for admission should be

published in the University Gazette six

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months in advance in the interests of the

students.‟

VI. The Court in the matter of Govinddas M.

Shroff v. State of Maharashtra reported

in 1997 (1) Mah. L.R. 545 –FB has further

held that “In fact section 65 is statutory

recognition of well established principle

that fair play requires that any major

chance in the admission process should be

made known to the students well in

advance”.

VII. The syllabus and paper pattern as

published on the private website mentioned

in the petition is wholly unauthorized and

has no value or authenticity attached to it,

and thus cannot be considered to be

publication under section 65 of the Act.

VIII. Further the syllabus and paper pattern as


in the petition too was published on 13-04-

2016, that is way too close to the date of

the CET 2016.

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IX. The syllabus and paper pattern as


in the petitionincludes legal aptitude,

logical reasoning, English and current

affairs and G.K. All of these headings are

extremely vague and of general nature,

creating a chaotic situation for the

students.

X. The pattern of MCQ‟s being 150 in 2 hours

based on legal aptitude, logical reasoning,

English and current affairs and G.K., is

quite similar to the Common Law Admission

Test- CLAT paper pattern, for which

students usually undergo training and

preparation for almost a year to be able to

score well so as to get admission in top

National Law Schools.

XI. Without sample papers, and exact

understating of the type of knowledge of

specific sections, the students are in no

position to prepare for a CET of such

important admission decision. For instance

in preparing for English – it is important for

the student to know if he would be tested

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on word meanings, or grammar, or unseen

passages or legal jargon. Each of these

varied sub-categories of English testing,

has a very distinct type and level of

preparation that is required.

XII. Even for CLAT which is set every year by a

panel of experts from the organizing

National Law University, details of which

are published a year in advance, a Writ

Petition has been filed in the Supreme

Court by a renowned academician Shri.

ShamnaadBasheer, alleging the mal-

practices and impropriety of certain type of

questions in such examinations.

XIII. Further, there is a discrepancy in syllabus

for 5-year course vis-à-vis 3-year course in

as much as mathematics is given no

weightage in the 3-year course. Such a

difference in entrance examination for the

two equivalent degrees in law is

discriminatory and arbitrary.

XIV. The non-publication of the syllabus of the

CET for law courses in the State of

Maharashtra is unfair, unjust,

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discriminatory and tramples upon the

principle of Rule of Law.

XV. The sudden introduction of the CETfor law

courses in the State of Maharashtra,

without any easily accessible material on

the syllabus, paper patter, paper setting

committee etc is violative of legitimate

expectation, as also shakes public

confidence in the admission process.

XVI. The non-publication of the syllabus of the

CET for law courses in the State of

Maharashtra is per se illegal and bad in

law.

27. The petitioners have not received any notice

of caveat from any of the respondents till date.

28. The petitioners crave leave to add, amend,

alter, change or delete any ground or grounds of

this application.

29. The petitioners undertake to provide the

English version of the Marathi documents whenever

required or directed.

30. PRAYERS:

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31. In view of the above circumstances, this

Hon’ble Court shall be graciously pleased, under

Art. 226 of the Constitution of India to:

A. The Writ Petition may kindly be allowed;

B. To hold and declare that the non-

publication of the syllabus and paper

pattern of the Maharashtra law CET for 5-

year and 3-year law courses in the State of

Maharashtra is unconstitutional;

C. To quash and set aside the Government

Resolution dated 04-12-2015 issued by the


the Notification dated 11-03-2016 issued by

the Higher and Technical Education

Department and the Notification dated 13-04-

2016 issued by the Government of

Maharashtra through its State Common

Entrance Test Cell, to the extent of holding of

MAH-LAW CET for the academic year 2016-17;

D. To grant interim stay to the Government

Resolution dated 04-12-2015 issued by the


the Notification dated 11-03-2016 issued by

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the Higher and Technical Education

Department and the Notification dated 13-04-

2016 issued by the Government of

Maharashtra through its State Common

Entrance Test Cell, to the extent of holding of

MAH-LAW CET for the academic year 2016-17;

E. To direct the respondents to allow the

different colleges and institutions imparting

legal education in the State of Maharashtra

to carry out admission process for the 5-year

and 3-year courses based on class XII

results, pending hearing and final disposal of

the writ petition;

F. To grant any other relief to which the

petitioners are entitled.

AND FOR THIS ACT OF KINDNESS AND JUSTICE,

THE PETITIONERS AS IN DUTY BOUND SHALL

EVER PRAY.

PLACE: - AURANGABAD [S.B.TALEKAR] DATE:-06.05.2016 ADVOCATE FOR PETITIONER

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SOLEMN AFFIRMATION

I, Sunil VaijyanathappaVarad, father and natural

guardian of the minor petitioner,aged: 51 years; Occ.:

Advocate;R/o: Flat 1, Shrikrishna Apartment,Opposite

Sty Care Hospital,KrantiChowk, Aurangabad, do

hereby state on solemn affirmation that the

contents of this Writ Petition from para No. 1 to 26

are true and correct to the best of my personal

knowledge as well as the knowledge gather from the

documents annexed to the petition and I believe

them to be true.

Hence verified on 06thday of May, 2016 at

Aurangabad.

Identified by Deponent

Advocate (Sunil VaijyanathappaVarad)

24


BENCH AT AURANGABAD



Kedar S/o Sunil Varad; Through his father and

natural guardian: ….. PETITIONER

VERSUS

The State of Maharashtra

And others ….RESPONDENTS

LIST OF THE DOCUMENTS

Sr No

Description Exh No.

Page Nos.

1 Copy of the Government Resolution dated 04-12-2015 issued by the Higher and Technical Education Department

A To

2 Copy of the Notification dated 11-03-2016, the Government of Maharashtra through its Higher and Technical Education

B

To

3 Copies of the Notification dated 13-04-2016 issued by the Government of Maharashtra through its State Common Entrance Test Cell.

C To

4 A copy of the publication of syllabus with regards to CET for professional courses including MBA, MCA, Architecture courses and Hotel Management courses.

D To


25


BENCH AT AURANGABAD





VERSUS



INDEX

Sr

No

Description Exh

No.

Page Nos.

* Memo of the Writ petition To

** List of the Documents To

1 Copy of the Government Resolution dated 04-12-2015 issued by the Higher and Technical Education Department

A To

2 Copy of the Notification dated 11-03-2016, the Government of Maharashtra through its Higher and Technical Education

B

To

3 Copies of the Notification dated 13-04-2016 issued by the Government of Maharashtra through its State Common Entrance Test Cell.

C To

4 A copy of the publication of syllabus with regards to CET for professional courses including MBA, MCA, Architecture courses and Hotel Management courses.

D To


26


BENCH AT AURANGABAD





VERSUS



SYNOPSIS

SR NO

DATES PARTICULARS OF THE EVENTS

1) The Petitioner is is a student of science stream, grade XII, aspirant to pursue a degree course in law. Being a minor he has filed the present writ petition through his father. The petitioner has completed his class X from CBSE medium in KendriyaVidyalaya and has secured the highest marks in marathwada region being 98%. He has thereafter taken admission for science stream for junior college and has completed the same from the Shri. Chatrapathi College, N3 CIDCO Aurangabad. He has already appeared for the class XII boards, and the results are awaited. The petitioner has been a meritorious student all through his school life and had an aspiration to undertake the integrated 5-year law course post class 12 th from one of the reputed colleges in Maharashtra like ILS, Pune or GLC, Mumbai geared towards litigation.

2) Till the current year the admissions in all the law colleges in Maharashtra including ILS, Pune or GLC, Mumbai were based on class

27

XII results. However, for the academic year 2016-17 onwards the Government of Maharashtra has introduced a common entrance test to be conducted under the direction of the Commissionarate of State Common Entrance Test Cell for all the law colleges in the State.

3) While there is nothing wrong in introducing a uniform admission standard across all law colleges in Maharashtra, the manner in which the common law entrance test has been introduced and the amount of chaos it has caused, is certainly violative of the fundamental right to education and the right to equality of the petitioner.

4) 04-12-2015 The G.R. dated 04-12-2015 notified the introduction of the CET for admission to 5 year as well as 3 year courses in law starting from the academic year 2016-17. The G.R. further states that the CET would be conducted under the aiges of the Commissioner, State Common Entrance Test Cell (respondent No. 2 herein). However, it is conspicuous that the G.R. does not make a mention of the syllabus for the entrance examination or even the time period within which such syllabus would be notified.

5) The petitioner submits that he had read in the newspapers sometime in December 2015 regarding the introduction of CET for law admissions in Maharashtra, as a result of which he has regularly checked the website of the Commissionarate of State Common Entrance Test Cell, who had been bestowed with the responsibility of conducting the said CET, for any update on the syllabus or pattern of the MAH-LAW CET exam to be conducted for the admissions in academic year 2016-17.

6) The petitioner since was unable to find a single notification with

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regards to the syllabus or pattern of examination for the MAH-LAW CET exam to be conducted for the admissions in academic year 2016-17, had begun to feel that the CET was probably pushed to the next academic year, and that admissions would be carried out based on the earlier method of class XII results itself.

7) 13-04-2015 However, to the utter shock of the petitioner, he was intimated by some of his friends who were also aspiring to undertake an education in law, that there was a private website on the internet which had some information with regards to the MAH-LAW CET exam to be conducted for the admissions in academic year 2016-17, including the deadlines, a vague outline of syllabus and link to the application forms to be available from May 10, 2016 as well as some information with regards to the publication of marks, counseling etc, which was posted on 13-04-2016.

8) As a matter of fact, there is no information on the website of the State Common Entrance Test Cell, the body responsible for holding the law CET, with regards to the MAH-LAW CET exam to be conducted for the admissions in academic year 2016-17. There is only mention of MHT-CET and FAQ‟s relating to MHT-CET. Also, the helpline numbers available on the official website of the State Common Entrance Test Cell, the body responsible for holding the law CET, are only for the „Health Science courses‟ and „Engineering and Pharmacy‟ courses, none of which were aware about the law CET or the syllabus for the same.

9) The full bench of the Bombay High Court in the matter of Govinddas M. Shroff v. State of Maharashtra

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reported in 1997 (1) Mah. L.R. 545 –FB has held in para 15 of the judgment that „section 65 requires that model rules for admission should be published in the University Gazette six months in advance in the interests of the students.‟ The Court in the matter of Govinddas M. Shroff v. State of Maharashtra reported in 1997 (1) Mah. L.R. 545 –FB has further held that “In fact section 65 is statutory recognition of well established principle that fair play requires that any major chance in the admission process should be made known to the students well in advance”.

10) 18/19-06-

2016 1 The petitioner submits that he

apprehends that the application forms would be available on the 10th of May, 2016 and Maharashtra Law CET would be conducted on 18-19 June 2016, without having provided a clear direction on the syllabus and pattern of the CET examination.

18) Being aggrieved by the non-publication of the syllabus/paper pattern of the Maharashtra Law CET and apprehending that the same would be conducted on 18-19 June 2016, the petitioner challenges legality, validity and correctness of the same, by way of this petition.

POINTS FOR CONSIDERATION:

As set out in the grounds/ Petition

ACTS AND RULES:

1. THE CONSTITUTION OF INDIA

CITATIONS:

At the time of hearing. PLACE: - AURANGABAD [S.B.TALEKAR] DATE:-06.05.2016 ADVOCATE FOR PETITIONER