Vaishnavi Shriram Kulkarni v. The State of Maharashtra & Ors

Petitioner has challenged the Online Admissions Process to Junior Colleges for Standard XI to the extent to which bifocal subjects, particularly in Science, have not been individually carved out as a separate stream for admission for 2012-13. The Petitioner is a student, who has passed the S.S.C. Examination held in March 2012 with 92.91 per cent marks. VBC 2/8 wp5437.12-27.6

2. The Online Admissions Process was introduced from Academic Year 2009-10. Earlier, students were required to approach Junior Colleges individually and were required to submit admission forms for several Junior Colleges of their choice. This was cumbersome and inconvenient for students and their parents. The Online Admissions process was introduced by a Government Resolution dated 28 May 2009 in the Mumbai Metropolitan Region. Certain changes have been introduced by a G.R. dated 16 March

3. The grievance of the Petitioner is that in pursuance of the G.R. dated 16 March 2012, the brochure for admissions stipulates that while seats in Junior Colleges would be allocated in accordance with merit and order of preference of applicants, the choice of optional subjects and bifocal subjects is subject to the availability of seats in the Junior College concerned. Whereas earlier, students were permitted to indicate options separately in the event of an applicant being desirous of applying for bifocal subjects, this facility is not available under the current process for VBC 3/8 wp5437.12-27.6 2012-13. The Petitioner submits that in a competitive environment, there is a variation in the cut off marks for admission to general science courses and bifocal courses. It is urged that the process which has now been adopted, which leaves admissions to bifocal courses to each College individually albeit on merits, may result in less meritorious students obtaining admission to bifocal subjects elsewhere, thereby violating Article 14 of the Constitution. Counsel also submitted that for admissions in the Pune Region, students are permitted to indicate their preferences separately for bifocal subjects.

4. On the other hand, it has been urged on behalf of the State that bifocal subjects, both in Science and in Commerce do not constitute a separate stream, but form a part of those streams. Thus, for instance, in the Science stream, out of the 600 marks, 200 are allotted to bifocal subjects, whereas 400 marks are allotted to general science subjects. Consequently, even a student who has opted for a bifocal course is required to compete with other students of the general stream in respect of the general science courses. Moreover, it has been submitted that the online process VBC 4/8 wp5437.12-27.6 allows students to indicate a minimum of 35 and a maximum of 60 options and a provision for betterment is made available. Counsel submitted that the G.R. dated 16 March 2012 was issued upon the recommendations of an Expert Committee consisting inter alia of Principals, a Technical Expert and two representatives of parents and teachers. Finally, it has been submitted that the process of admission has already begun. The last date for the submission of applications online was 21 June 2012. The first merit list would be published today at 5 p.m. and the State has already received 1,97,873 online application forms. Hence, the interference of this Court will disrupt the admissions process, leaving students in a state of uncertainty.

5. The brochure which has been issued by the Deputy Director of Education for the current year contains the following rationale for the introduction of online admissions for F.Y. J.C. Classes: “The process of admissions to FYJC Classes has been going on since the academic year 1997-98 as per the GR for School Education No.HSC1097/(1444/97)/HSE-dt. 26 June 1997. This process involved students approaching many junior colleges for buying and submitting admission forms, which is time consuming for the students besides being costly and inconvenient. Also, students normally buy and submit admission forms for about 15 to 20 junior colleges. In this process the students and parents had to verify merit lists in each junior college in which they had applied. Since the time table for announcement of merit lists and admissions to junior colleges is common for all the junior colleges, it is strenuous VBC 5/8 wp5437.12-27.6 for the students to act within the given time frame. Keeping in mind interest of the student community, the government has introduced the scheme of online admission to FYJC classes in the Mumbai Metropolitan Region (MMR), vide GR No.HSC 1709/(44/09)/HSE-1, Mantralaya, Mumbai 400032 dt. 28 May 2009. In this on going on-line admission process minor changes have been done as per G.R. dated 16/03/2012 and the F.Y.J.C. admission process continues to remain on-line in academic year 2012-2013 also.” Clause 1.10 of the brochure identifies three streams in Junior Colleges as Arts, Science and Commerce. Clause 3.5 of the brochure is as follows: “3.5 Seats in junior colleges are allocated as per the merit and order of preferences of the applicants; however, choice of optional subjects/optional languages/bifocal subjects in a junior college is subject to availability of seats for that optional subject/optional language/bifocal subjects in that junior college.” Clause 4.7 provides that all allotments of bifocal subjects shall be done by the respective Junior Colleges from among students admitted to that Junior College through the online process. Moreover, it has been stated that admissions would be carried out in accordance with the rules, following the merit position of the student after the online admission process is over. Clause 5.11 provides that a maximum of one betterment option is given to students which is available in the ascending order of VBC 6/8 wp5437.12-27.6 preferences. Clause 5.11 states that a betterment option would be available only to students who have secured admission in the Junior Colleges allotted to them in the previous merit list. Clause 8.1 provides that a student must secure a provisional admission in the Junior College in the merit list of which the name of the student appears, failing which the student will not be eligible for betterment. Clause 8.2 specifies that a betterment option may be available once to those applicants whose names have appeared in the earlier merit list of the stream and who have secured provisional admission in the Junior College allotted to them.

6. In considering the grievance which has been urged in this Petition, the Court cannot be unmindful of the fact that the process of admissions online has already commenced. The last date for the completion of applications online was 22 June 2012. Over 1.97 lakh applications have been received. The intervention of the Court at this stage is liable to disrupt the process of admissions. Moreover, there is merit in the submission which has been urged on behalf of the State that bifocal subjects in Science or, as the case may be, Commerce, do not constitute a separate stream. The Brochure makes it clear that there are three streams namely, Arts, Science and Commerce. The AGP has informed the Court that bifocal subjects in Science consist of: (i) Electrical Maintenance; (ii) Mechanical Maintenance; (iii) Scooter and VBC 7/8 wp5437.12-27.6 Motor Cycle Servicing; (iv) Computer Science; and (v) Electronics. Out of 600 marks allocated to the Science stream, 200 are towards bifocal subjects while 400 marks are towards general science subjects. Bifocal subjects are hence a part of the Science and Commerce streams and do not constitute separate streams. A major proportion of marks is consequently allocated to subjects in general science. The process of online admission was intended to obviate hardship and inconvenience to students and parents. Any process involving streamlining of admissions of such a large body of students cannot possibly be perfect. The mere fact that a better system can be devised would not render an existing system arbitrary or violative of Article 14. The present online system is based on the premise that bifocal subjects do not constitute a separate stream, but are part of the existing streams of Science or, as the case may be, Commerce. The Rules enable students to take provisional admission and thereafter, apply for betterment in an ascending order of preferences. Admission to all the three streams are to be based on merit, in accordance with the order of preferences. The colleges are required to follow the order of merit in making admissions to bifocal subjects within the stream also. The submission that a less meritorious student may be admitted is pure conjecture. In academic matters, the views of administrators should have a degree of deference. In the exercise of the power of judicial review, we are of the view that it is not possible for the Court to VBC 8/8 wp5437.12-27.6 come to the conclusion that there is a breach of 14. The interference of the Court, particularly at this stage of the admissions process, is not warranted.

7. The Petition is dismissed. ( Dr.D.Y.Chandrachud, J.) ( R.D. Dhanuka, J. )