Ghumare Shubham Abasaheb And ORS. v. The State Of Maharashtra Through The Secretary Of Dept. Of Higher And Technical Edu. And ANR.

(904) WP 7929-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 7929 OF 2016 Ghumare Shubham Abasaheb & Ors.

...Petitioners

Versus

State of Maharashtra & Ors.

...Respondents

.....

Mr. Mihir Desair, Sr. Advocate i/b Mr. Sariputta P. Sarnath for the Petitioners.

Mrs. Gauri Rao, AGP for the Respondent Nos.1 & 2. CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 13th JULY, 2016.

P. C. :

1.

Heard both sides. On the earlier occasion the respondent sought to file an affidavit and to place on record the decision of the Director, Directorate of Art, Government of Maharashtra, Mumbai to withdraw the impugned order and to restore the merit list dated 6th June, 2016.

2.

That affidavit is filed and in paras 1, 2 & 3 of this affidavit it is stated as under:

1.

I say that as per the grievances received from the candidates for MH-AA-CET 2016 the same was placed before the Higher and Technical Education Department, Mantralaya, Mumbai, and thereby revaluation was done to assess 1/2

(904) WP 7929-16 discrepancies, if any. I now say the same should not have been done and was a bonafide error, but, as various complaints from the candidates were received.

2.

I say that I with genuine belief on the grievances received and after taking in consideration the opinions of higher authorities, formed an Expert Committee to revaluate to check the difference in evaluation of marks.

3.

I state that I shall abide to fill up the seats as per the first merit list dated 6.6.2016. We also withdraw the second merit list dated 2.7.2016.

3.

In view of the statements made on affidavit, which are accepted as undertaking given to this Court, we quash and set aside the impugned order.

4.

The Writ Petition is disposed of in the light of this affidavit.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.] 2/2