JUDGMENT : 1. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. 2. This petition seeks direction to Respondent No.3 - The State Common Entrance Test Cell to provide for reservation to Economically Weaker Section candidates in the Direct Admission to Second Year of Fulltime Undergraduate Degree Course in Engineering/Technology for the Academic Year 2019-20. 3. Initially, on 17.07.2019, we had issued notice for final disposal of the matter and noted down in the order, in brief, the controversy raised in the petition. We noted that 10% reservation for Economically Weaker Section candidates was required to be made available for the Direct Admission in the Second Year Engineering Course. 4. On 19.07.2019, when the matter was called out, it was the objection raised by the Higher and Technical Education Department of the State Government that All India Council for Technical Education has not granted its approval for creation of additional posts or increase in the intake capacity and therefore, 10% reservation cannot be made applicable. It was the objection raised that unless All India Council for Technical Education is made party-respondent, the petition cannot be proceeded. 5. We expressed clearly in our order passed on 19.07.2019 that the policy of reservation is to be implemented by the State Government and the All India Council for Technical Education has no role to play in it. However, if, according to the State Government, the competent authority to provide the reservation is the All India Council for Technical Education and without its approval no reservation can be made, then affidavit to that effect be filed before this Court, so that the State Government can be relieved from its policy of reservation and All India Council for Technical Education can be held responsible for implementation of the policy of reservation. 6. On 22.07.2019, an affidavit came to be filed on behalf of the State Government stating that the Government has taken a policy decision to provide for 10% reservation for Economically Weaker Sections, as per the Government Resolution dated 12.02.2019. The State Government came up with a specific stand that it is not for the All India Council for Technical Education to decide the policy of reservation, but it is only the intake capacity which is determined by the All India Council for Technical Education. The State Government came up with a specific stand that it is not for the All India Council for Technical Education to decide the policy of reservation, but it is only the intake capacity which is determined by the All India Council for Technical Education. The stand is that it is the State Government alone which decides the policy of reservation. 7. On the question of intake capacity sanctioned by All India Council for Technical Education, our attention is invited to the communication dated 08.05.2019 addressed to the Principal Secretary, State Government, on the question of reservation for Economically Weaker Sections for admissions in Educational Institutions. It was stated in the said communication that if the State Government/UT/DET/DME has a reservation policy for admission in Technical Educational Institutes and the same is applicable to Private and self-Financing Technical Institutions, then the State Government/UT/DTE/DME shall ensure that 10% reservation for EWS would be operational from the Academic Year 2019-20 without affecting the percentage reservations of SC/ST/OBC/General. It was made clear that this would not be applicable in case of Minority Institutions referred to in clause (1) of Article 30 of the Constitution of India. It is further stated that the approved intake indicated in the Extension of Approvals (EOAs) is based on the application of the Institutes as well as overall performance of the Institutions with reference to norms in APH 2019-20, meaning thereby that EWS reservation is over and above the approved intake indicated in EOA. Thus, we are concerned in this petition with respect to implementation of this decision of AICTE. We, therefore, do not find that the AICTE is necessary party to this petition. 8. It is the stand taken by the State Government that AICTE has not created any separate additional intake for direct admission to the second year course to accommodate the candidates of Economically Weaker Sections and therefore, the scheme of reservation is not implemented for admission to the direct second year course. In paragraph No.6 of the affidavit of the State Government, it is the specific stand taken that AICTE has approved additional seats over and above the sanctioned intake for the candidates belonging to Economically Weaker Sections. A reference is also made to the afore stated letter dated 08.05.2019 of AICTE. In paragraph Nos. In paragraph No.6 of the affidavit of the State Government, it is the specific stand taken that AICTE has approved additional seats over and above the sanctioned intake for the candidates belonging to Economically Weaker Sections. A reference is also made to the afore stated letter dated 08.05.2019 of AICTE. In paragraph Nos. 7 and 8 of the affidavit, it is stated that the policy of 10% reservation for Economically Weaker Sections on the sanctioned intake capacity of the Institutes is implemented for admission to first year from the academic session 2019-20 over and above the sanctioned intake capacity. 9. In the order dated 22.07.2019, we expressed our prima facie opinion in paragraph Nos. 6, 7 and 8, as under : “6. Prima facie, in our view, it is neither the stand taken by the AICTE nor the Government Resolution dated 12.2.2019 states that 10% reservation for the candidates of Economically Weaker Sections in the direct admission to the second year course, cannot be implemented without increase in the intake capacity of admissions in the second year course. Such stand taken in the affidavit filed by the respondent no.1, prima facie, seems to us as artificial reflecting individual opinion and understanding. We may further prima facie express that the number of seats available for direct admission to second year Engineering course is in the proportion of 10% of the available intake capacity of students in the first year course. As soon as there is increase in the intake capacity in the first year to accommodate 10% of candidates from Economically Weaker Sections, simultaneous automatic increase shall be in the second year intake capacity for the direct admissions. Prima facie, there is no question of separate increase in the intake capacity for the direct admission in the second year course. It is open for the respondent no.1 to point out to this Court any instructions, circular, communication of the AICTE stating that in order to make reservation of 10% for Economically Weaker Sections in direct admission to second year Engineering course, the intake capacity is required to be increased over and above 10% of the increased intake capacity of the first year Engineering Course. 7. We have expressed our prima facie opinion as indicated above, so as to enable the respondents to take a specific stand before this Court and to avoid delay in disposal of the matter. 7. We have expressed our prima facie opinion as indicated above, so as to enable the respondents to take a specific stand before this Court and to avoid delay in disposal of the matter. We cannot allow the respondents to defeat or frustrate the claims of the students by adopting delaying tactics. We wanted the respondent no.1 to state the figures of the seats available for admission in first year Engineering course as well as second year Engineering course in private self financing technical educational institutions in the State of Maharashtra to which reservations have been made applicable. 8. Put up this matter on 29th July,2019, so as to enable the respondents to file an affidavit. We however, make it clear that all the admission in direct second year Engineering course shall be subject to the result of this petition. The Respondent-State Government shall make it clear by all such means available for communication to the candidates admitted in such course that the admissions are subject to result of this petition and if the petition succeeds, the admissions shall be liable to be cancelled.” 10. In response to the aforesaid order, the affidavit is filed by the respondent No.1 – State Government and it is dated 29.07.2019. In paragraph No. 12, the stand is taken as under : “12. I say and submit that, All India Council for Technical Education, New Delhi, vide their letter dated 25.07.2019 to the Directorate of Technical Education, M.S., Mumbai, has sanctioned and approved the additional intake for Direct Admission to Second Year Course in Engineering and Pharmacy for academic year 2019-20, but it cannot be calculated on the basis of first year vacant seat in academic year 2019-20. Ready made table of seat distribution to accommodate EWS quota is also provided in the letter. As per letter of AICTE dated 15.07.2019 the Institutions may be asked to implement the 10% reservation to EWS policy in a span of two years so as to ensure that infrastructure and other facilities are created.” It is stated in paragraph No. 14 that the Government of Maharashtra will implement EWS policy for admission to Direct Second Year course in Engineering and Pharmacy from the next academic year i.e. Academic year 202021, as All India Council for Technical Education, New Delhi, has approved the additional intake to accommodate EWS quota and approved two years time to implement the same. 11. It is not the stand of All India Council for Technical Education anywhere pointed out by the State Government; in spite of our prima facie view expressed in paragraph No.6, reproduced above, that 10% reservation for the candidate of Economically Weaker Section in the Direct Admission to the Second Year Course cannot be implemented without increase in the intake capacity of admission for the Second Year course. We are of the view that as soon as there is increase in the intake capacity in the First Year to accommodate 10% candidate from the Economically Weaker Section, simultaneous automatic increase shall be in the Second Year intake capacity for the Direct Admissions and there is no question of separate increase in the intake capacity for the Direct Admission in the Second Year course. The reason is that the quota of seats for Direct Admission in Second Year, depends upon the intake capacity in the First Year Degree Course and it is not the stand of AICTE even stated in the reply of the State Government that AICTE has assured to increase intake capacity separately for Direct Admissions in the next year. We, therefore, confirm the prima facie view which we expressed in the order dated 22.07.2019. 12. As we see from the reply of All India Council for Technical Education in its communication dated 25.07.2019 addressed to the Director of Technical Education, Government of Maharashtra, which is annexed to the reply of the respondent No.1 as Annexure R2, that EWS quota is also admissible for admission to Direct Second Year Course Engineering and Pharmacy for the academic year 2019-20. The communication gives the implementation of 10% reservation to Economically Weaker Sections. As per this illustration, 10 seats out of 100 are required to be reserved for the candidates belonging to Economically Weaker Sections. 13. What we find is that, seat matrix decided or determined by the respondent No.1 ignores the specific instructions of the AICTE that the State Government shall ensure that 10% of reservation for Economically Weaker Section should be operational from the academic year 2019-20 without affecting the percentage of reservation of SC/ST/OBC/General. The seat matrix produced clearly indicate that the reservation as is proposed has already affected the percentage of reservation of general category. It has gone down from 50.5 to 40.5. The seat matrix produced clearly indicate that the reservation as is proposed has already affected the percentage of reservation of general category. It has gone down from 50.5 to 40.5. In other words, the general quota is reduced by 10% to adjust the candidates in 10% reservation for Economically Weaker Sections, which is contrary to the policy of All India Council for Technical Education. 14. Shri S.P.Deshpande, the learned AGP has urged that there is no fundamental right to get an admission to the courses. In our view, it is the question of uniform implementation of the policy of the State Government to attain the constitutional goal introduced under Article 15, by 103rd Constitutional Amendment, providing clause (6), making the special provision for the advancement of any Economically Weaker Section of the citizen for admission to the educational institution including private educational institutions, whether aided or unaided, by the State. The complaint is that the policy is not being uniformly implemented. 15. The Information Brochure for Admission to Undergraduate Technical Courses contains Clause 6(d), dealing with the reservation of Economically Weaker Section candidate, which is reproduced below. “6(d) Reservation for EWS Candidate : As per the provison in Government Resolution No. jkvks/kks&4019@id@ 16A, dated 12th February, 2019, 10% seats shall be rserved for EWS candidates. These seats shall be filled by the Competent Authority through CAP as per the policies of the Government declared from time to time. These seats shall be over & above the sanctioned intake. As we have noted earlier, the intake capacity in the First Year Engineering Course is increased by 10% and the reservations are provided for all categories namely Scheduled Caste/Scheduled Tribes/Vimukta Jati – Nomadic Tribes/Other Backward Classes/Socially and Educationally Backward Classes and Economically Weaker Section in terms of Clause 6(d) of the Information Brochure. Though all other reservations are provided for Direct Admission to the Second Year course, the exclusion is of EWS, though there should have been a simultaneous automatic proportionate increase and introduction of such quota for EWS. This failure to provide such quota is discriminatory and denial of equal opportunity enshrined under Article 14 read with the object of Clause 6 (b) of Article 15 of the Constitution of India and Clause 6(d) of the Information Brochure. 16. This failure to provide such quota is discriminatory and denial of equal opportunity enshrined under Article 14 read with the object of Clause 6 (b) of Article 15 of the Constitution of India and Clause 6(d) of the Information Brochure. 16. In view of above, we are satisfied that the petitioner is justified in making such claim and hence, this petition is allowed and the following order is passed. The respondent No.1 is directed to implement the reservation policy for Economically Weaker Section candidates for Direct Admission in the Second Year of Under Graduate Course in Engineering Colleges/Institutions from the Academic Year 2019-20, keeping in view the observations made by this Court in the aforesaid judgment. Rule is made absolute in above terms. No order as to costs.