Pradnya Ravi Kumthekar v. State Of Maharashtra And ORS
SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2022.10.26 15:23:56 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12810 OF 2022 Pradnya Ravi Kumthekar ...
Petitioner versus State of Maharashtra and Ors.
...
Respondents Mr. Yatin Malvankar, for Petitioner.
Mr. Nelson Rajan, AGP, for Respondent Nos.1 to 3. CORAM: N.J.JAMADAR & SHARMILA U. DESHMUKH, JJ.
DATE :
th OCTOBER, 2022 ( VACATION COURT) P.C.
1.
The challenge in this Petition is to a communication dated 10th October, 2022 issued by Respondent No.4 - State Common Entrance Test Cell, Maharashtra State, whereby the Petitioner was informed that the Petitioner can apply for non-CAP admission as the activity schedule "registration of application form for CAP" has been closed.
2.
The Petitioner passed 12 th standard examination. The Petitioner appeared for MHCET conducted by Respondent No.4 for admission to Engineering Degree (B.E./B.
Tech.) and has obtained 89.95% tile marks. The Petitioner has filled in online application form and uploaded requisite documents and, upon successful completion of the submission, an acknowledgment vide No.EN22178256 came to be generated.
SSP 1/3
3.
On 7 th October, 2022, a provisional list of eligible candidates in the first CAP round was published. It is the Petitioner's grievance that the Petitioner's name did not find mention therein. Upon being inquired, the Petitioner was verbally instructed that the facilitation centre system was closed and no more data could be uploaded.
4.
The learned Counsel for the Petitioner submitted that as per the notice dated 21 st September, 2022, the Petitioner could lodge the grievance with the facilitation center and submit the documents during the period 8th October, 2022 to th October, 2022 upto 5.00 p.m. On 8 th October, 2022 the Petitioner addressed an email to Respondent No.4 and sought permission to verify the documents and allow her to appear for CAP round. However, the Petitioner was unjustifiably denied the said opportunity.
5.
The learned Counsel for the Petitioner further submitted that overarching principle is admission based on merit. Thus, on account of mere technicalities, a bright student should not be deprived of an opportunity to participate in the admission process.
6.
We have considered the submissions of the learned Counsel for the Petitioner.
7.
The admission notice makes it abundantly clear that the mandatory activity of 'Documents verification and confirmation of Application Form', was to be SSP 2/3
carried out during 21 st September, 2022 to 4 th October, 2022 upto 6.00 p.m. We find that the communication dated 8 th October, 2022 itself records that the Petitioner could not verify the documents in accordance with Clause 2 of the Schedule appended to the notice dated 21 st September, 2022. The Petitioner has ascribed reason of 'medical emergency'. We must note that it is specifically mentioned in the Note below clause 2 that 'Applications registered after 4 th October, 2022 shall be considered only for nonCAP seats'. Likewise, 'Applications confirmed by facilitation center after 4th October, 2022 shall be considered only for non-CAP seats'. Respondent No.4 was, thus, justified in declining to have the verification of the documents post declaration of provisional eligibility list.
8.
Reliance on clause 4 of the Schedule, in our view, does not advance the cause of the Petitioner as the grievances contemplated therein, prima facie, pertain to the preceding activity i.e. display of the final merit list of Maharashtra State/All India candidates on website (clause 3).
9.
We are, therefore, not inclined to entertain the Writ Petition. 10.
The Writ Petition stands dismissed.
(SHARMILA U. DESHMUKH, J. ) ( N.J.JAMADAR, J. ) SSP 3/3