PNP 1 WP7815­25.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7815 OF 2010 Ajinkya Dilip Waghavkar ..Petitioner. Vs. The State of Maharashtra and others ..Respondents. .... Mr. Sachin Gite for the Petitioner. Mr. A.B. Vyagyani, AGP for Respondent No.1 State. – .... CORAM :MOHIT S. SHAH, C.J. & DR.D.Y.CHANDRACHUD, J . 25 October 2010. P.C. 1. In this Petition under Article 226 of the Constitution the petitioner is seeking a writ of mandamus to direct Respondents 1 and 3 to freshly conduct the extended first round at VIT College, Pune and special round at VJTI College at Mumbai for the admission process in the First Year in Engineering / Technology in the Autonomous Institutes. 2. The petitioner has already secured admission to Walchand College of Engineering at Sangli in Electrical Engineering. The PNP 2 WP7815­25.10 petitioner submits that seats are lying vacant in VIT College, Pune and that the petitioner was not permitted to participate in the second round of the admission process on account of Rule 8.3. It is submitted that additional seats became available after the admission process started, and the petitioner was allowed to participate in the first round for the additional seats, but the petitioner did not get admission to any of those seats on merits. The more meritorious students who secured admission to those additional seats, gave up their seats and therefore, vacancies arose in the other colleges. The petitioner was entitled to participate in the second round admission process for those seats which fell vacant upon the more meritorious students getting admission to additionally sanctioned seats. 3. Counsel appearing on behalf of the respondents submits that the petitioner, an NT­C student, is seeking admission to electronics course in VIT College, Pune, but the last student who secured admission to the said course in the said college in the NT­C quota had secured 146 CET marks. However, the petitioner had PNP 3 WP7815­25.10 secured only 143 CET marks and there are hundreds of students who had secured 146 or less marks, but more than 143 marks. It is therefore, submitted that the petitioner cannot be admitted to a seat in electronics in VIT College, Pune. It is accordingly not possible to admit the petitioner to the vacant seat in VIT College, Pune. 4. It is further submitted that the last date for admission to VIT College, Pune was 18 August 2010 and the last date for admission to VJTI College, Mumbai was 20 August 2010. The first semester will be over on 31 October 2010. Therefore, it is too late to expect the respondents to issue fresh advertisements and invite applications all over again for filling up few vacancies in the concerned colleges at this stage. 5. Having heard the learned counsel appearing on behalf of the parties, we find considerable substance in the submissions made on behalf of the respondents that this petition cannot be entertained at this stage, as the admission process was closed in August 2010 and PNP 4 WP7815­25.10 the first semester is going to be over within a week s time. ’ 6. On this ground alone, the petition is dismissed. CHIEF JUSTICE (DR. D.Y.CHANDRACHUD, J.)