Law students file (and argue) petition against MH Law CET seat allocation

One of the most controversy-ridden examinations this year, the Maharashtra Law CET, may well see another round of litigation. Law students Ashutosh Paibhale and Aditya Roongta have approached the Bombay High Court, alleging that the CET cell has incorrectly applied the rules relating to reservation for women candidates..Filed last month, the matter was mentioned before the vacation bench of Naik J on the first of this month. On being asked to mention the matter in a week’s time, the two mentioned the matter on November 7 before the vacation bench of Karnik J. On November 7, Paibhale argued the matter before the judge, but was finally told that PIL’s have to be heard by a division bench. Hence, the matter is likely to be taken up next week, when the court reopens. .So what is the petition about?.As per the petitioners, the CET cell has incorrectly applied the rule regarding reservation for women in educational institutions. This rule, introduced through a government resolution in the year 2000, states that women’s reservation is to applied horizontally. In other words, if the merit list already contained “x” number of candidates (where “x” is the number of reserved seats), then there was no need to allot any more seats to women. .But what has happened in the CET process is that the rule has been applied vertically. In other words, women candidates were being allocated seats in the reserved category even after the requisite number of seats had been allocated to women. This has happened across different reservation categories, and for both the 3-year and the 5-year course. .The petition reads,.“This has resulted in thousands of more meritorious and eligible male students being denied admission in the college of their preference.”.And it is not as if the CET cell was not made aware of this problem. On September 16, two days after the first allotment list was published, the two students met the CET Cell Commissioner with proof of the incorrect allocation. Three days later, when no clarification was issued, the two visited the CET Cell once again, and the matter was forwarded to the Maharashtra Knowledge Corporation, the body that oversees the online admission process..On September 23, the second list was released, and then on September 30, the third list was released. The reservation continued to be applied vertically, with the added controversy over age-limits and BCI affiliation. .With the High Court only opening next week, and the final rounds of admissions complete, the fate of this petition is uncertain. There is little doubt that the government’s response – should one be asked – is that it would be unwise to upset the admission process that has concluded. The question that begs to be asked though is what becomes of those students who were denied a seat due to the incorrect application of a government resolution?