No immediate relief, but MBA admission subject to outcome of students’ plea: HC

The petitioners also told the division bench that some questions in the test conducted in March were leaked as students appeared for the same question paper at different times, resulting in the cell conducting a re-test in May this year for select students.

The court on June 30 had sought a reply by the state Common Entrance Test cell as to how it will rationalise admissions for MBA after petitioners pointed out glitches in the results and admission process.

On Monday, Advocate General Birendra Saraf, representing the Maharashtra government, submitted that in February this year, the schedule for the test was declared and over one lakh candidates were divided into four batches with separate exams to be conducted for them.

Saraf said that in the test conducted for the first batch of students, there were some technical glitches and after students raised their grievances, they were given an option to appear for the exam again in the ‘fifth’ and additional batch.

He said some students had filed a writ petition, after which an advertisement was issued for the fifth batch exam for aggrieved students to give exams again. In view of the fresh notice, the court rendered earlier plea infructuous, Saraf added. Saraf said that of the total of 11, 562 students who appeared for the fifth batch test on May 6, more than 70 students were the present petitioners. He said there was a separate percentile score for the batch concerned, and they were considered a “separate pool.”

“They (petitioners) waited for their result, which was declared on June 23, and now they have filed a petition to undo results and processes, because they have not done well. A fresh exam was ordered as per their earlier grievance. It’s a setback for thousands of other students. We are concerned about their rights, and the admission process will be delayed if plea is allowed,” Saraf argued.

Talekar claimed that the normalisation process was flawed, as there had to be an equal number of students in every batch. The bench said there are nearly one lakh students of whom just about 150 have filed the plea. And as the admission process starts July 7, no immediate interim relief can be granted at the present stage. However, it clarified that the admission process will be subject to the outcome of the present plea.

Seeking an affidavit in reply to the plea from the CET cell by July 7 and rejoinder from the petitioner, the bench posted further hearing to July 10.