WP 5683/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5683/2011 Padmashree Dr.Vitthalrao Vikhe Patil Foundations College of Pharmacy V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri V.D. Hon, Advocate for petitioner. Shri V.D. Rakh, AGP for respondent nos.1 to 3. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 26.09.2011 Heard learned counsel for the parties. Rule. Rule made returnable forthwith and taken up for final disposal with the consent of learned counsel for the parties. This is again an unwarranted round of litigation on account of either not reading our orders passed in identical matters earlier or misinterpreting / misrepresenting them. In an earlier round of litigation vide order in Civil Application No.7197/2009 in Writ Petition No. 4897/2008 dated 22.7.2009, taking into WP 5683/11 2 consideration the judgment of the Apex Court in the case of TMA Pai Foundation V/s State of Karnataka (2002 AIR SCW 4957) and in the case of Islamic Academy of Education V/s The State of Karnataka (2003 AIR SCW 4240), we have in unequivocal terms held that the petitioner – institute was entitled to have 20% of the seats earmarked as a management quota. We have further clarified that only such of the students who have passed the minimum eligibility criteria i.e. common entrance test conducted by the State Government, would be entitled to be admitted against the management quota. In spite of this, again the authorities have not provided for the seats to be filled in by the management. In that view of the matter, we are inclined to allow the writ petition in terms of prayer clauses (B) and (C). It is further made clear that until the law as laid down by the Apex Court in the aforesaid two cases undergoes any change, the respondents – WP 5683/11 3 authorities will continue to follow the mandate of the law as laid down by the Apex Court and provide the requisite number of seats to be filled in by the management. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 26.09.2011 ndk/c269119