-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 88 OF 2008 Forum Against Commercialisation of Education ) and others ).. Petitioners Versus The State of Maharashtra and others ).. Respondents Mr Madhav Jamdar for the Petitioners. Mr V.S. Masurkar, Government Pleader, for Respondent Nos.1 to 4. Ms. Beena Menon for Respondent No.5. Mr A.B. Patil for Respondent No.9. CORAM: SWATANTER KUMAR, C. J. & A. P. DESHPANDE, J. DATE: 17TH JULY 2008. P.C. We have heard the learned Counsel appearing for the parties. 2. The principal prayer made in the Writ Petition is that the process of selection of M. Pharm and B. Pharm courses is vitiated because of irregularities and illegalities committed by Respondent No.9. According to the Petitioner, there are number of error and irregularities -2- which he had spelt out in his various representations, the last being 27th June 2008 submitted to the Pravesh Niyantra Samiti, Government Polytechnic, Bandra, Mumbai. It is also the contention that vide letter dated 12th June 2008, even the State of Maharashtra had explained certain doubts with regard to the process of admission to such course. 3. Besides the fact that these averments are being disputed by the private Respondent, we are of the considered view that it is not proper for this Court to determine such factual controversy in exercise of jurisdiction under Article 226 of the Constitution of India and in any case an efficacious alternate remedy is available to the Petitioners as indicated in the Division Bench judgment of this Court in the case of Forum Against Commercialisation of Education and others vs. State of Maharashtra and others, PIL No. 93 of 2006 dated 27th July 2006. 4. Resultantly, we dispose of this Petition with a direction to the Pravesh Niyantran Samiti to look into the entire matter and hear all the parties in the present Writ Petition and pass appropriate orders in accordance with law and within four weeks from the date of authenticated copy of this order is brought to the notice of the Samiti. -3- 5. We direct the parties to appear before the Pravesh Niyantran Samiti on 4th August 2008 at 11.00 a.m. We do express our poise hope that the Samiti would realize the need for expeditious disposal of the matter to prevent any prejudice being caused to the students ultimately. 6. Writ Petition disposed of in the above terms. No order as to costs. CHIEF JUSTICE A. P. DESHPANDE, J.