Aijaznawaz Bandanawaz Mujahid v. Al-Ameen Educational And Medical Foundations College Of Engineering And Management Studies And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7740 OF 2015 Aijaznawaz Bandanawaz Mujahid ....Petitioner.

Vs.

Al-Ameen Educational & Medical Foundation's College of Engineering & Management Studies, & Ors.

....Respondents.

Mr. M.S. Ansari I/by R.M. Momin for the Petitioner. Mr. V.N. Sagare, AGP for Respondent Nos. 2 and 3. CORAM : ANOOP V. MOHTA AND V.L.ACHLIYA, JJ.

DATE : 7 AUGUST 2015.

ORDER:- The present Petition is filed seeking the direction as against Respondent No.2 to allow the Petitioner's son to join Respondent No.1 Engineering College.

In nutshell, it is the say of the Petitioner that his son has secured 49.33% marks, as against the minimum requirement of securing marks for admission in Engineering Degree Course is 49.50%, i.e. minimum 50% marks. It is the contention of the learned 1/2

ssm 2 908-wp7740.15.sxw counsel appearing for the Petitioner that due to rules framed by Respondent No.2, providing criteria of securing minimum 50% marks, the Partitioner's son is deprived from securing the admission, though the college is ready and willing to admit the son of the Petitioner. We are not inclined to grant any relief in the matter for the sole reason that the rules for grant of admission, as framed by the Government, do not permit the admission of the students below securing the minimum marks, provided in the rules governing the admission. However, we grant liberty to the Petitioner to apply to the State Government to consider the case of his son, in accordance with law.

It is made clear that we have not expressed any opinion on the merits of the matter.

With this direction, the Writ Petition is disposed of, with no order as to costs.

(V.L. ACHLIYA, J.) (ANOOP V. MOHTA, J.) 2/2