Maharashtra CET can't alter schedule fixed by SC for exam, says Bombay HC

MUMBAI:Bombay high court has observed that Maharashtra "State Common Entrance Test (CET) Cell and its commissioner are dangerously close to contempt if they adopt" an approach contrary to the landmark 2013 SC decision on admissions and directed the CET to conduct exams for management colleges and institutions by May-end.
The "State CET Cell cannot alter the schedule fixed by the Supreme Court," held the HC bench of justice Gautam Patel and Neela Gokhale on April 18 on a petition filed last year by Association of Indian Management Schools (AIMS), seeking that the exam be held as directed by SC.
In the Parshvanath case in 2013, SC had forbidden any such attempted change while setting out a schedule for entrance exam for AIEEE, State CET, management quota exam etc to be completed by May-end with result declaration by June 5 and first round of counselling to be done by June 30 and 2nd round by July 10 and last date of admitting candidates in remaining seats by July 30.
Former advocate general Ashutosh Kumbhakoni and advocate Ashutosh Kulkarni for AIMS said All India Council for Technical Education (AICTE), New Delhi, issue a circular for academic calendar 2022-23 setting out July 10, as last date for refusing approval to college by it and August 31 as last date for grant if affiliation by university and September 15 as last date to commence classes etc.
The State CET Cell submitted an academic calendar for 2023-24 for technical institutions which was more or less on the lines of the AICTE circular and set September 15, 2023 as the last date for first year students to be granted admission against vacancies and commencement of induction programme for first year students Supreme Court judgment in Parshvanath's case in paragraph 41 will be followed by 4th Respondent and all others concerned.
State CET Cell appears to have a clear misconception, said HC as the AICTE circular related to affiliation and recognition of colleges.
"It stands to reason that all affiliations and recognitions must be completed in the prior year, i.e., the year prior to beginning of admissions... Otherwise, the result would be inconsistent and even incongruous apart from being completely destructive of the schedule set out by the Supreme Court. For example, if last date for affiliation by a University or Board is 31st July 2023 and, by then last date to admit candidates in seats is over, it is unclear how a newly recognised or affiliated college will ever be able to participate in the admission process," said Justices Patel and Gokhale.