Mumbai High Court Offers Interim Vedict on AICTE Notification
On February 25, hearing the plea made by two petitioners - the Maharashtra based Consortium of Management Institutes (COME) and ITM Group of Institution, the Mumbai High Court has offered its interim verdict on the AICTE Notification. For the academic year 2011-12, the Mumbai High Court has allowed COME to conduct common joint Group Discussion and Personal Interview on behalf of its 52 member institutions. COME members include management institutes like WE School, KJ Somaiya; Indira Group of Institutes, Chetna Institute, MIT Con and many others.
Further, the Court has also allowed ITM Group of Institutions, which was an independent petitioner against AICTE and runs management programs in five states including Maharashtra, to use any of the five national management tests -- CAT, MAT, XAT, ATMA or JMET and conduct its own GD PI process.
The relief granted is however only for the academic year 2011-12, and applies only to 52 management institutes that are part of COME and ITM Group.
Court noted, "The petitioners (COME & ITM) have made out a strong prima facie case. Moreover, the balance of convenience is also in their favour. The Common Aptitude Test and other national level tests, on the basis whereof the petitioners have invited students eligible to be considered for admission for the interviews and group discussions were held in December 2010/January 2011. The further process is to be conducted in March and April, 2011. The petitioners have been admitting students for several years in exercise of their fundamental right to do so. There are no allegations on record against them either of malafides or unfairness, non-transparency or exploitation. In these circumstances, if interim reliefs are granted for the current year, neither the respondent nor students will suffer any prejudice. On the other hand, if interim reliefs are refused, the petitioners will suffer enormous prejudice inter-alia, as it would amount to unsettling the status quo which has been in existence for several years."
Offering relief to ITM Group, the court said: "...the petitioner will be at liberty to give admissions to the seats in management courses to students who have appeared at and obtained the stipulated minimum marks in any one or more of the following national level tests: CAT- Common Aptitude Test; MAT - Management Aptitude Test; XAT - XLRI Admission Test; ATMA- AIMS Test for Management Aptitude; JMET- Joint Management Entrance Test. The admissions shall be given to the students strictly on the basis of the merit list prepared by the petitioner institution after taking into account the relevant criteria, including performance at the group discussions and personal interviews.
Within two weeks from today, the petitioner shall inform the AICTE and Director of Technical Education, Maharashtra State about the manner in which students are being called for group discussions and interviews and under which heads marks will be assigned and weightage shall be given for the purpose of preparing the merit list. These norms shall also be placed on the websites of the petitioner and its management colleges."
Court has advised COME to conduct GD & PI on behalf of its members. "Admissions shall be granted to the students who have appeared at and obtained the stipulated minimum marks in any one or more of the above national level tests and who have appeared at the group discussions and personal interviews conducted by the petitioner association. The admissions shall be granted strictly on the basis of the rank in any of the four separate merit lists to be prepared by the petitioner Association, as per the formula adopted by the Director of Technical Education...", advised the court.
Dr Apoorava Palkar, lead the efforts on behalf of COME, said, "We are satisfied that the court has seen merit in our arguments. We are certain that quality management institutes will be allowed to function with autonomy." Consortium of Management Institutes a forum formed by many leading Mumbai and Pune based private management institutes offering PGDM program to address the concerns created by the recent AICTE Notification that curbs the autonomy of management institutes. The consortium has filed a writ petition against the AICTE Notification and a subsequent notification issued by Directorate of Technical Education of Maharashtra State Government.
It is also learnt that Association of Indian Management Schools (AIMS) and Education Promotion Society of India (EPSI) have also prepared their writ petitions and will be filing the same in Supreme Court soon.
Earlier Orissa High court has offered some respite to PGDM institutes on the AICTE Notification. The court heard the representatives of leading Orissa based management institutes on February 17, 2011 and has decided to stay the AICTE Notification till the court further hears the matter in March 2011.
On December 28, 2010, the AICTE had issued a notification to B-Schools listing a new set of rules for the B schools of the country to follow. The circular instructs not only the doing away with important MBA entrance exams, such as the XAT, ATMA or MICAT, but ascertains that only CAT, MAT or any state government-conducted exams (such as the Maharashtra CET) can serve as entry points to B-schools. Another point in the circular which has rubbed many B schools the wrong way, instructs B schools to admit students only through a state government operated process. The statutory body has also made it clear that such colleges and institutes cannot set their own fee structures. They can only charge fees approved by a competent state government body.
Date: 17th March, 2011
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