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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.
Issues Involved:
1. Applicability of SEBC Act, 2018 to the ongoing admission process. 2. Interpretation of "admission process" under Section 16(2) of SEBC Act, 2018. 3. Validity of the notification dated 8.3.2019 regarding SEBC reservation. 4. Alleged delay and latches in filing the petition. Detailed Analysis: 1. Applicability of SEBC Act, 2018 to the Ongoing Admission Process: The petitioners, medical graduates aspiring for higher education, challenged the applicability of the SEBC Act, 2018, which reserves 16% seats for socially and educationally backward classes (SEBC), to the ongoing admission process initiated before the Act's commencement on 30th November 2018. The petitioners argued that the admission process for NEET 2019 began on 16th October 2018 and 2nd November 2018 for MDS and MD/MS/PG courses, respectively, and thus, should not be affected by the SEBC Act, 2018. The court found merit in the petitioners' argument, stating that the admission process indeed began before the Act's commencement, and therefore, the SEBC Act, 2018, should not apply to the ongoing admission process. 2. Interpretation of "Admission Process" under Section 16(2) of SEBC Act, 2018: The court emphasized the importance of the literal and purposive interpretation of statutory provisions. Section 16(2) of the SEBC Act, 2018, states that the Act shall not apply to admissions where the process has already been initiated before the Act's commencement. The explanation to Section 16(2) clarifies that the admission process is deemed to have started when the procedure for the entrance test begins. The court concluded that the admission process for NEET 2019 started with the online submission of application forms on 16th October 2018 and 2nd November 2018, well before the SEBC Act, 2018, came into force. Thus, the provisions of the SEBC Act, 2018, do not apply to the current admission process. 3. Validity of the Notification Dated 8.3.2019 Regarding SEBC Reservation: The notification dated 8.3.2019, which declared a 16% reservation for SEBC candidates in educational institutions, was challenged for its retrospective application to the ongoing admission process. The court held that the notification must be read in light of Section 16(2) of the SEBC Act, 2018, which exempts ongoing admission processes from the Act's applicability. The court found that the revised provisional seat matrix published on 27.3.2019, which included SEBC reservations, was arbitrary and violative of Section 16(2) of the SEBC Act, 2018. Consequently, the court quashed the revised seat matrix insofar as it provided for SEBC reservations. 4. Alleged Delay and Latches in Filing the Petition: The respondents argued that the petitioners delayed approaching the court, which should render the petition non-maintainable due to latches. However, the court found that the petitioners approached the court with reasonable dispatch after the revised provisional seat matrix was published on 27.3.2019, which provided the cause of action. The court rejected the argument of delay and latches, stating that the petitioners could not be blamed for any delay. Conclusion: The court directed that the notification dated 8.3.2019 shall apply to medical admissions starting on or after 30th November 2018, and not to the ongoing admission process that began on 16th October 2018 and 2nd November 2018. The revised provisional seat matrix published on 27.3.2019, providing for SEBC reservations, was quashed. The respondents were directed to complete the admission process in accordance with the law, rules, and orders in force before the commencement of the SEBC Act, 2018.
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