Sou. Sushma @ Sulochana Vs. Kanumalla - Court Judgment

Excerpt:
- section 10: [swatanter kumar, c.j., a.p. deshpande & smt. nishita mhatre, jj] admission to professional colleges - technical courses - publication of brochure on basis of which candidates seek admission to various institution keeping in mind their merit and preference of colleges held, for ensuring adherence to proper appreciation of an academic course, it is essential that the method of admission is just, fair and transparent. the first step in this direction would be publication of a brochure on the basis of which the applicants are supposed to aspire for admission to various institution keeping in mind their merit and preference of college. brochure, firstly has to be in conformity with law and the statutory scheme notified by the competent authority. it is a complete and composite document as it deals with the scheme for conducting their entrance examinations, declaration of results, general instructions and method of admission, etc. this brochure is binding on the applicants as well as 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 internet or given in the newspaper, the candidates of higher rank or meritorious candidates would not be able to avail of that benefit because they have already submitted the testimonial, have paid their fees and the courses have commenced. in that situation, for variety of reasons, they may not be able to take admission in the institution of their higher preference while the candidates of much lower merit will be admitted to that course. besides defeating the merit, it has been commonly noticed that the late admissions made by the colleges directly effect notified candidates who have questioned it more than often as their admission process is not so just, fair and transparent which has given rise to the litigation. it is also a kind of back door entry method. another serious consequence that result from such admissions is shortening of the academic courses in an undesirable manner. it is expected of other candidate selected to a professional course that he or she would complete the course in its entirety and not by missing more than a month or so in joining the said course. this results in lowering the excellence of education as well as harms the academic standard of professional education. admission to professional colleges: [swatanter kumar, c.j., a.p. deshpande & smt. nishita mhatre, jj] technical courses - held, in process of admission to professional colleges relating to technical courses, primarily three institutional bodies are involved. (i) all india technical council for technical education, (ii) state of maharashtra through director of technical education and (iii) university to which such institution is affiliated the role of all these institutions in distinct and different but for a common object. primary of the rule of all india council for technical education (aicte) is now well settled but that certainly does not mean that role of the state government and for that matter the university is without any purpose or of no importance. the council is the authority constituted under the central act with the responsibility of maintaining education standards and judging upon the infra-structure and facilities available for imparting such professional education. its opinion is of utmost importance and shall take precedence over views of the state as well as that of the university. the concerned department of the state and the affiliating university has a role to pay but it is limited in its application. they cannot lay down any guidelines or policies which would be in conflict with the central statute or the students laid down a by the central body. state can frame its policy for admission to such professional courses but such policy again has to be in conformity with the directives issued by the central body. while the state grants its approval and university its affiliation for increased intake of seats or commencement for a new course/college, its directions should not offend and be repugnant to what has been laid down in the condition of approval granted by the central authority or council. what is most important is that all these authorities have to work ad idem as they all have a common object to achieve i.e. of proper imparting of education an ensuring maintenance of proper standards of education, examination and ensuring proper infrastructure for betterment of educational system. only if all these authorities work in a co-ordinated manner and with co-operation they would be able to achieve the very object for which all these entities exist admission to professional courses: [swatanter kumar, c.j.,a.p. deshpande & smt. nishita mhatre, jj] admission schedule - interference by courts held, all the expert bodies viz. aicte as well as directorate of education in consultation with the departments of the state regulating the process of admission and maintenance of standards of education had notified a legal binding document specifying dates and schedule for various matters in relation to admission of students and commencement of courses. there has to be so compelling circumstances and grounds before the court to interfere with the prescribed schedule. it is neither so arbitrary nor so perverse, keeping in view the essential features relating to imparting education to professional courses that it should invite judicial chastisement to the extent of laying down entirely new schedule. merely because there has been some delay on the part of either of these authorities to timely grant of either of these authorities to timely grant or decline approval and permission to commence a course per se would not be sufficient ground for disturbing the notified schedule and timely commencement of courses. - it is submitted by the learned counsel appearing for the applicant-wife that the application filed by the applicant-wife for maintenance was on affidavit supported by documents to which the non-applicant husband failed to file any reply and though it was prayed by the applicant-wife to grant her rs. towards maintenance as well as rs.j.n. patel, j.1. this c.r.a. is filed challenging the order passed by the joint civil judge, sr. dn., nagpur under which the applicant-wife was granted maintenance only @ rs. 500/- p.m. from the date of filing of the application under section 24 of the hindu marriage act, 1955, instead of rs. 6,000/- p.m. as claimed. it is submitted by the learned counsel appearing for the applicant-wife that the application filed by the applicant-wife for maintenance was on affidavit supported by documents to which the non-applicant husband failed to file any reply and though it was prayed by the applicant-wife to grant her rs. 6,000/- per month as maintenance from march, 1995, the court granted a meagre amount of rs. 500/- p.m. it was the case of the applicant-wife that the non-applicant/husband is a lecturer in vishwa-vyapi college vulture and earning an amount of rs. 5.000/- p.m. in addition to this he is also working as a reporter of vasavi advertising agency and earning approximately a sum of rs. 10,000/- and also he is taking tuition classes out of which he earns rs. 5,000/- p.m. and so the monthly income of the non-applicant/husband is about rs. 20,000/- p.m. and as such there was no reason why the court should not have granted her rs. 6,000/- p.m. towards the maintenance.2. the learned counsel appearing for non-applicant/husband submits that the non-applicant/husband has lost his job and he has to maintain his aged parents, the non-applicant has denied that he has any additional income by way of being a reporter of vasavi advertising agency as he was working there as free-lance without charging anything and also he has no other source of income. the fact that the parties got married on 18.11.1985, their relationship as husband and wife and that the wife has no source of income is not in dispute. there is a petition under section 13 of the hindu marriage act for divorce pending before the family court. this court finds that the impugned order can not be sustained for the following reasons.3. the learned trial court has not given any reason as to how the learned court has come to the finding that the amount of rs. 500/- would be sufficient towards the maintenance of the wife. it has been brought to the notice of this court that two children born out of the wedlock are presently residing with the applicant-wife. the trial court further ignored the documents filed in support of the application i.e. the salary certificate which shows that in october, 1995 the total salary drawn up by the non-applicant was rs. 6,240/-. even if the contention of the non-applicant/husband accepted that he was working as a reporter of vasavi advertising agency without any income and that he was not taking any tuition, still the wife would be entitled for 1 /3rd of the income of the husband considering the status of the non-applicant husband who is working as lecturer and that she has to maintain two children. the maintenance includes provision for food, clothing, residence, education, medical expenses which are bare necessities of life. considering all these circumstances the findings of the learned trial court can not be sustained.4. during the course of hearing, it was agreed by the learned counsel for the non-applicant-husband that without going into the merits of the matter, the non-applicant would pay rs. 1000/- p.m. towards maintenance as well as rs. 1000/-towards the expenses of the litigation to the wife. in this circumstance the impugned order is modified to the extent that the non-applicant-husband shall pay rs. 1000/- p.m. to the applicant-wife from the date of application under section 24 of the hindu marriage act and also pay rs. 1000/- towards the expenses of the litigation. rule is made absolute accordingly.