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2019 (5) TMI 1950 - HC - Indian LawsValidity of notification dated 8.3.2019 - reservation of 16% seats for socially and educationally backward classes including Maratha community in the educational institutions in the State of Maharashtra - Maharashtra State Reservation (Of Seats For Admission In Educational Institutions In The State And For Appointments In The Public Services And Posts Under The State) For Socially And Educationally Backward Classes (SEBC) Act, 2018 - HELD THAT:- The impression created by the notification dated 8.3.2019 and also by the publication on 6.3.2019 of the list of the applicants wherein separate category of SEBC candidates was shown was not about the reasonable pointer towards the application of the provisions of the SEBC Act, 2018 to the present admission process and was only of the intendment of the State Government to make this Act applicable only in accordance with its provisions. The Act contains a transitory provision like Section 16 and it is already found as to how it exempts the current admission process. In terms of the definition of “fact” given in Section 3 of the Indian Evidence Act, a fact means and includes anything, any state of things or relation of things, capable of being perceived by the senses or of any mental condition of which any person is conscious. This definition would show that the fact is something which could be perceived by the sensory organs or realized as being existent through the power of mind. This definition thus excludes any mental forays into the world of imagination or fantasy. It also keeps away an opinion as regards the interpretation of a document. When we again consider the notification dated 8.3.2019, we would find that there is no express declaration made therein that 16% reservation for SEBC candidates be provided even in current admission process. That means there is no fact existing or established and, therefore, there can be no admission of a nonexistent fact. This is how the so called admission of the petitioners would be treated in law. At the most, it could be considered to be the own interpretation of the petitioners and the interpretation is always a question of law which cannot be decided on the basis of admission of parties. So we find no merit in the said contention raised on behalf of the respondent No.1. It was only from 27.3.2019 and onwards, the date on which the revised provisional seat matrix was published, that the petitioners actually learnt about the application of the provisions of the SEBC Act, 2018 to the present admission process and this was what provided to them the cause of action to approach this Court and they did approach the Court on or about 4th April, 2019, which was with a reasonable dispatch. There is, therefore, neither any delay nor any latches on the part of the petitioners in approaching this Court. The argument in this regard is, therefore, rejected. In the present case, as per the information brochure of January 2019, the whole admission process is still going on and is not completed. The declaration of list of selected candidates of second round is to be made upto 26.4.2019, the last date of joining respective colleges for second round is upto 3rd May, 2019 and there are further stages of the admission process, last of which relates to the last date for filling seats at college level round upto 18th May, 2019. This process is not yet over and, therefore, it can be reasonably seen that these petitioners can be allowed to participate in the admission process without causing any prejudice to anybody. The interpretation of the provisions of Section 16(2) of the SEBC Act, 2018 is already given stating that this provision of law would exempt the present admission process from the applicability of this Act which came into force on 30th November, 2018. So, the requirement of law is that this Act must not be applied to the present admission process and the requirement needs to be followed by the authorities. It is directed that the notification dated 8.3.2019, insofar as medical admission process is concerned, shall be applied to the medical admissions the procedure for which has started or would start on or after 30th November, 2018, subject to result of any other writ petition, if pending, and the notification would have no application to the present medical admission process 2019 which began w.e.f. 16th October, 2018 and 2nd November, 2018 respectively - it is also directed that the revised provisional seat matrix published on 27.3.2019, insofar as it makes a provision for the category of SEBC candidates, being illegal, shall not be given effect to for the limited purpose of SEBC reservation in current admission process. The respondents, however, would conduct the admission process and complete it in accordance with applicable law, rules and orders, in force, before commencement of the SEBC Act, 2018.
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