MUMBAI: The Bombay high court on Tuesday upheld the legality of admissions given in 2015 to 30 undergrad physiotherapy students and one post graduate student by an unaided private minority college which had conducted its own entrance examination. The HC held that the decision by Maharashtra University of Health Sciences (MUHS) to withhold their eligibility and degree certificates “is not at all justified.’’
The students were admitted to MA Rangoonwala college of Physiotherapy and Research, Pune, following an entrance test and admission process in 2015 undertaken by the college on the basis of an earlier order of the HC and the court had also by subsequent orders allowed them to appear for examinations and have their results declared. “Having gone through the entire exercise on orders of this Court, it is now not open to respondent Nos.3 and 4 (pravesh niyantran samiti (Medical education) and MUHS) and to question admission of those students,’’ said a bench of justices Ujjal Bhuyan and Milind Jadhav. The HC also directed that “students who have completed their internship shall also be issued internship completion certificates.”
The college had approached the HC last year after MUHS withheld degree certificates to the students, on the ground of a pending “court case”. The HC held that the MUHS reasons was “devoid of any logic”. The HC said, “The ‘court case’ referred to is already over, disposed of way back on 26.08.2015. “Besides, nothing has been placed on record by the medical education authorities to show they had sought any review or file any appeal before the Supreme Court, or that the HC order was stayed or overruled.
In January 2015, when the Medical education admission committee rejected the college’s request to conduct its own entrance test, it had challenged the rejection before the HC. The HC heard several similar matters and by a common judgment in August 2015, allowed it as a one-time arrangement to hold its test as by then the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) law, 2015 was brought in.
In November and December 2015, the MUHS had refused to accept the college’s request for eligibility certificates on the ground that HC had not specifically directed it to issue degree certificates. Later in April 2016, following court orders to it to allow students to appear for exam, MUHS said it accepted the eligibility forms submitted by students subject to outcome of the court case.
The bench after hearing advocates S R Ganbavale and Siddheshwar Biradar for the college, government pleader PP Kakade and Shriniwas Patwardhan for admission committee and RV Govilkar for MUHS said, “As a matter of fact,” when this court had allowed the Maharashtra Medical Education and Research Centre and college to proceed with its own entrance test and admission process “it would be a logical corollary to hold that such entrance test and admission process are legal and valid and consequences thereof are also valid.”