Milind Bhimsing Shirsath v. State Of Maharashtra Through Its Secretary And ORS

901-caw-243-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATTE JURISDICTION CIVIL APPLICATION NO.243 OF 2017 IN WRIT PETITION NO.11984 OF 2015 Milind Bhimsing Shirsath

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr. R.K. Mendadkar, for the Petitioner Mr. Vikas Mali, AGP for Respondent No. 1.

Ms. Neeta Karnik, for Respondent No. 5.

CORAM : SHANTANU S. KEMKAR & PRAKASH D. NAIK, JJ.

DATE :

FEBRUARY 01, 2017 P.C.:

.

Heard learned counsel for the parties on the Civil Application No. 243 of 2017.

2.

The learned counsel for the Petitioner submits that in the absence of the Caste Validity Certificate, the Respondent No. 4 - College at Latur is not permitting the Petitioner to appear in the Comprehensive Examination scheduled on 6th and 7th February, 2017. He submits that on 9th December, 2015 this Court taking note of the Petitioner's contention granted ad-interim relief in terms of prayer Vishal Parekar 1/2

901-caw-243-2017.doc clause (e) of the Petition. He submits that in view of the said interim order, the Petitioner ought to have been allowed to appear in the said examination.

3.

Keeping in view the submission made by the learned counsel for the parties, we are inclined to dispose of this Civil Application by allowing the Petitioner to appear in the forthcoming examination scheduled to be held on 6th and 7th February, 2017. 4.

However, it is made clear that allowing of the Petitioner to appear in the aforesaid examination shall be subject to further outcome of the Petition and the Petitioner shall not be entitled to claim any equity on the basis of this order.

5.

The Civil Application stands disposed of as such. 6.

The parties to act on the authenticated copy of this order. (PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2