Smt. Deepa Vs. Nandkishore

.....the authorities. this brochure or admission notification issued by the state or other competent authority cannot be altered at a subsequent stage particularly once the process of admission has begun. there is hardly any exception to this accepted rule of law. section 10: [swatanter kumar, c.j., a.p. deshpande & smt. nishita mhatre,jj] admission to professional colleges - technical courses - approval to additional seats or to start new course - cut off dates held, the settled principle of law is that merit of the applicant is the primary criteria which would determine his rank as well as the college where he would be entitled to admission. this rule should not be frustrated as it will tantamount to entirely upsetting the object of admissions based on merit oriented method and would cast cloud on the fairness and transparency of the method of admission. one of the ways in which merit can be defeated is allowing increase in the intake strength or commencement if new colleges beyond cut-off date and admissions beyond the last date specified in the notification/calendar issued by the concerned authorities. this can be illustrated by giving an example. college a which is running a professional course like engineering or mba etc. has an intake capacity of 60 seats which has duly been notified in the information brochure. however, after the cut-off date, approval is granted by the aicte and thereafter, the process is taken up by the state and the intake capacity of the college is increased by 30 more seats. these seats would obviously, not be notified in the information brochure and the candidate who are meritorious and for whom college a; be the college of reference could not get seats or give preference as the seats were limited. none had the proper knowledge about the increase in intake of seats though at a much subsequent stage and may be even after the last date of admission is over either by themselves or under the order of the court even it is put on the.....s.b. mhase, j.1. this is an application for transfer of h.m.p. no. 10/1996 from the file of the civil judge, senior division, yavatmal, to the file of the civil judge, senior division, chandrapur. ground for transfer is that the amount of interim maintenance of rs. 200/-granted to the petitioner wife and rs. 200/- for her minor daughter as also rs. 500/- towards litigation expenses is inadequate. it is submitted that the said order has been challenged by filing revision and notice before admission is issued. therefore the said order is sub-judice and is under consideration of this court.2. it will be in appropriate to transfer the petition from one court to another because the expenses of litigation granted by the court in proceeding under hindu marriage act are insufficient or inadequate. under these circumstances it is for the petitioner to make request to the said court pointing out the circumstances how in given case inadequate amount results prejudicing her right of fairly contesting the petition. however such claim cannot be made in fanciful manner and it will be granted on the basis of capacity of husband to pay the amount for the purpose of litigation. however since the matter is sub-judice, i refrain myself from making any observations. there is no merit in the application. hence it is rejected.