{"id":634,"date":"2020-04-23T10:30:07","date_gmt":"2020-04-23T10:30:07","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=634"},"modified":"2021-02-19T16:35:44","modified_gmt":"2021-02-19T16:35:44","slug":"the-state-cannot-insist-on-private-educational-institutions-which-receive-no-aid-from-the-state-to-implement-states-policy-on-reservation-for-granting-admission-on-any-criterion-except-merit","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/the-state-cannot-insist-on-private-educational-institutions-which-receive-no-aid-from-the-state-to-implement-states-policy-on-reservation-for-granting-admission-on-any-criterion-except-merit\/","title":{"rendered":"The State cannot insist on private educational institutions which receive no aid from the State to implement State’s policy on reservation for granting admission on any criterion except merit."},"content":{"rendered":"\n

Vaishnavi\u00a0Nirmal\u00a0 | Manikchand Pahade Law College, Aurangabad | 24th February 2020<\/strong><\/p>\n\n\n\n

P.A. Inamdar & Others\u00a0v\/s\u00a0State of Maharashtra & Others., Case no.: Appeal (civil) 5041 of 2005 <\/strong><\/p>\n\n\n\n

Fact of case:<\/strong><\/p>\n\n\n\n

In the present case, for the admissions of BDS and\nMDS for academic year 2013- 14 the petitioners college took permission for\nconducting their own CET for both UG and PG. the permission was granted by the\nauthorized committee but later on the state asked the petitioners were forced\nwith authoritative pressure to conduct of CET-2013 for Minority Quota\nadmissions for Post Graduate MDS course and first year BDS course for the\nAcademic Year 2013-14.<\/p>\n\n\n\n

It is seen that M.A. Rangoonwala Dental\nCollege, Pune had requested Samiti to allow the separate CET i.e.\nMARDC-PGAICET-2013 and MARDC-CET-2013 for admission to MDS and BDS courses\nrespectively, for the Academic Year 2013-14 for Minority Quota admissions. Samiti\nin its meeting held on 21st December has denied the request made by the said\nCollege\/Institute on the basis of judgment of Hon’ble SC of India in the case\nof Islamic Academy vs State of Karnataka (2003).<\/p>\n\n\n\n

Meanwhile Samiti in its meeting held on 20th December\n2013 approved the admissions of M.A. Rangoonwala Dental College, Pune of First\nYear BDS and Post Graduate MDS Course for the Academic Year 2013-14 on the\nbasis of report submitted by the Expert Committee. Expert Committee in the said\nreport did not mention as to the source of student as to from which CET they\nrecruited their students for Academic Year 2013-14.<\/p>\n\n\n\n

In view of the above Maharashtra University of\nHealth Sciences, Nashik vide its letter dated 28th February 2014 pointing out\nthat Samiti in its meeting held on 20th December 2013 approve the admissions of\nthe aforesaid College for the Academic Year 2013-14. In continuation of these\nUniversity asking guidelines as to whether the admitted students of M.A.\nRangoonwala Dental College, Pune in the Post Graduate and Undergraduate courses\nfor Academic Year 201314 are approved or not.<\/p>\n\n\n\n

Expert Committee has therefore submitted the\nrevised report dated in respect of admission process of M.A. Rangoonwala Dental\nCollege, Pune. It\u00a0 stated that the said\nCollege\/Institute operated the merit list of MARDC-PAGICET-2013 for admissions\nto MDS course for the Academic Year 2013-14 and merit list of MARDC-CET-2013\nfor admissions to first year BDS course for the Academic Year 2013-14 conducted\nby own at Institute level for the admissions to Minority Quota.<\/p>\n\n\n\n

According to the petitioners, it was on account\nof the failure of the Registrar of the MUHS to inform the members of the\nCommittee the details of the decisions of the Apex Court in the case of\nChristian Medical College case, resulted in passing of the impugned order.<\/p>\n\n\n\n

The petitioners, therefore, approached this\nCourt by filing the present petition.<\/p>\n\n\n\n

Issues:<\/strong><\/p>\n\n\n\n

The Supreme Court in its judgement on August 12, 2005 ruled on the\nfollowing issues in relation to minority and non-minority unaided higher\neducation institutions.<\/p>\n\n\n\n