Maharashtra Shaikshnik Arogya Vidyanagari Thr Its President And ANR v. The Commissioner State Common Entrance Test Cell And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (LODGING) NO. 33089 OF 2025 Maharashtra Shaikshnik Arogya Vidyanagari, Thane And Anr.

...Petitioners

Versus

The Commissioner, State Common Entrance Test Cell, Mumbai And Anr.

...Respondents

__________ Mr. S. M. Kamble, Advocate for the Petitioners. Mr. Sameer Khedekar a/w Ms. Bharti Gerella, Advocates for CET Cell/Respondent No. 1.

Mr. P. P. Kakade, Addl.G.P. a/w Ms. Priyanka Chavan, AGP for the State/Respondent No. 2.

__________ CORAM :

RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE :

7th OCTOBER, 2025.

P.C. :

1.

The learned Advocate for the Petitioners sought urgent circulation in this matter at around 5.00 p.m. today. Considering the urgency, we have taken up the matter on the Production Board. 2.

This Petition has been filed on 4th October, 2025, after receiving the approval of the Bar Council of India (BCI) for an additional

division of 60 seats for the 3 Years LLB Course in the State of Maharashtra. Petitioner No. 2 is a college, which is already functioning. It participated in the CAP Rounds for allotment of 60 students for the 3 years law course, as per the earlier intake capacity. The intake capacity was increased by the BCI with the addition of one more division of 60 seats, vide the permission granted on 24th September, 2025. Respondent No. 1 should have, therefore, enlisted the college for the additional division. Having not so done so, the Petitioners have preferred this Writ Petition.

3.

This is a peculiar case before us. The Petitioner is a functional college since 2020 with an intake capacity of 60 students for the 3 Years LLB Course. In the 3rd week of September, 2025, they have been granted permission to start the 5 Years LLB Course with an intake capacity of 60 students and an addition of division of 60 students for the 3 Years LLB Course.

4.

The learned Advocate representing Respondent No. 1, the State Common Entrance Test Cell submits on instructions that after the Petitioner No. 2 college got the complete quota of 60 seats for the 3 Years LLB Course in the earlier CAP Rounds, it was deleted from the portal because it only had a quota of 60 seats.

5.

We find that, by the decision dated 24th September, 2025, the Petitioners got a 2nd Division of 60 seats for the 3 Years LLB Course. Hence, they requested to be re-inducted in the portal, since the admissions of around 475 students at the institutional level all over Maharashtra, commonly known as "institutional rounds", had commenced yesterday and is to conclude by tomorrow evening. If Petitioner No. 2 college is not included in the list, 60 seats of the additional division permitted by order dated 24th September, 2025, will remain vacant. Instead, if it is re-inducted in the portal even today, whichever candidate may desire to seek admission through the institutional round for the available 60 seats for the 2nd division, could be able to take admission.

6.

It is in such peculiar circumstances that we are directing Respondent No. 2 to order the inclusion of Petitioner No. 2 college, in the portal operated by Respondent No. 1 for the purposes of offering Petitioner No. 2 college, along with other eligible colleges, to the 475 students seeking admission from the institutional round, to the extent of its 60 seats in the additional division.

7.

With the above direction, this Petition is disposed off.

8.

Since this order may not be uploaded tonight, Respondent Nos. 1 & 2 would act on this order, which has been dictated in the open Court.

[ASHWIN D. BHOBE, J.] [RAVINDRA V. GHUGE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2025.10.07 21:25:07 +0530