Saniya Pankaj Agrawal v. Council Of Architecture India Habitat Centre And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 WRIT PETITION NO.7565 OF 2020 SANIYA PANKAJ AGRAWAL ..PETITIONER

VERSUS

COUNCIL OF ARCHITECTURE INDIA HABITAT CENTRE AND OTHERS ..RESPONDENTS ...

Mr. Ajit Kadethankar, Advocate for the Petitioner. Mrs. V. N. Patil Jadhav, AGP for Respondent-State. Mr. S. G. Karlekar, Advocate for the Respondent No.6.

Mr. S. S. Deve, Advocate for Respondent Nos.1 to 3. ...

CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 06th NOVEMBER, 2020.

PER COURT:- 1.

Mr. Kadethankar, learned counsel for the petitioner strenuously contends that respondent no.5 has not initiated admission process for under graduate course of Architecture pursuant to the National Aptitude Test of Architecture-2020. The respondent no.1 has declared the admission programme for B. Architecture course for the students taking admission through JEE. The State CET cell is required to conduct admission program of B. Architecture pursuant to the CET/NATA. The respondent no.6 has not commenced admission process as yet. The same is disadvantageous to the students like the petitioner. It may happen that the student who has taken admission through JEE

(2) would subsequently, be entitled for admission through CET/NATA and may opt for the seat allotted through CET. In that case, the seat of that candidate who has got admission through JEE would go vacant. The opportunity of some of the students like petitioner would also be lost, as no admission can be given after the cut off date. In that view of the matter, respondent no.6 be directed to start admission process.

2.

Mr. Karlekar, learned A.G.P. appearing for respondent no.6 submits that the State Government has yet to take a decision for commencing admission process through State CET. The problem has arisen because of the stay granted by the Apex Court to the SEBC reservation and Covid-19 pandemic.

3.

The Council for the Architecture has directed that the admission to 1st year of 5 year B. Architecture degree course could not be completed by 31.08.2020 and as such the Executive Committee of the said Council has decided that the last date for admission to the Architecture course may be extended upto 15.11.2020 and the classes for Architecture course would commence on or before 16.11.2020. According to the petitioner, the admission process for taking admission through JEE has already commenced.

4.

As a matter of fact, the admission process through JEE and State CET ought to have commenced simultaneously. The State Government/CET Cell has

(3) not yet commenced the admission process, an anomalous situation may arise if the admission through CET does not take place and admissions through JEE are completed. The cut of date prescribed by the competent authority would apply to the admission through JEE and State CET equally. 5.

To avoid the anomalous situation, it is appropriate that the State Government and the State CET Cell take decision expeditiously for commencing admission process through CET, so as to avoid conflict of date of admission through JEE and State CET.

6.

We expect the decision to be taken as early as possible. The same would be in the interest of students. The petitioner would be at liberty to take up further appropriate steps as the circumstances my warrant.

7.

Writ Petition is disposed of. No costs.

(R. G. AVACHAT) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/November-2020