Bombay HC refuses admission to MMS course aspirant by creation of supernumerary seat

Mumbai The Bombay high court (HC) last week refused to grant admission to a student to the master’s in management studies (MMS) course at Jamnalal Bajaj Institute of Management Studies (JBIMS) by creating a supernumerary seat under the Children of Indian Workers in Gulf Country (CIWGC) category

Mumbai The Bombay high court (HC) last week refused to grant admission to a student to the master’s in management studies (MMS) course at Jamnalal Bajaj Institute of Management Studies (JBIMS) by creating a supernumerary seat under the Children of Indian Workers in Gulf Country (CIWGC) category.

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The student, Dev Karthik, had moved HC contending that his name appeared in the merit list prepared and displayed by the state common entrance test (CET) cell on January 28, but JBIMS illegally refused to admit him to MMS course under the CIWGC category.

His lawyer pointed out that the petitioner had approached the institute on January 25 but was asked to wait for the merit list prepared by the CET cell. He submitted that the petitioner, though having secured position in the merit list prepared by the CET cell, has been deprived of an admission to the course purely on account of the illegal manner in which the admission process was implemented by JBIMS.

He had, therefore, urged the court to direct JBIMS to create a supernumerary seat in CIWGC category and give him admission for the course.

Advocate Rui Rodrigues, who represented Mumbai University (MU), which runs JBIMS as an autonomous institution, pointed out that admissions under CIWGC category are made at the institute level and the CET cell had no role to play in it.

Rodrigues opposed the petition contending that the petitioner was entirely at fault for not having participated in the admission process initiated by the institute, which was given due publicity. He also pointed out that the list prepared by CET cell was just a list of candidates seeking admission through CIWGC category and not a merit list.

Besides, advocate Rodrigues also pointed out that the course had started in January and from April 1, even the summer internships had started. Thus, the petitioner, who moved HC on February 10, was way late for seeking admission.

The division bench of justice Nitin Jamdar and justice CV Bhadang accepted the arguments advanced on behalf of the institute and the university, and rejected the plea for interim relief.

The bench took note of the fact that the foot note of admission notice for CIWGC category candidates instructed them to directly approach the institutes where such quota seats were available for admission but the petitioner did not formally apply to JBIMS and therefore, no case for creation of the supernumerary seat was made out.