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Bombay High CourtWP/9025/2015rule made absolute

Shaan Education Society'S Guardian College Of Dental Sciences And Research Centre v. State Of Maharashtra Through Its Principal Secretary, Medical Education Dept. And ORS.

2015-09-16Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Anoop V. Mohta3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9025 OF 2015 Shaan Education Society's Guardian College of Dental Sciencs & Research Centre ..... Petitioner(s) V/s State of Maharashtra & Ors.

..... Respondents Mr. Ashish S. Gaikwad for Petitioner(s).

Ms. S.S. Bhende, AGP for Respondent Nos.1 and 2/State. Ms. Tulsi Dhami i/b Mr. D.A. Nalavade for Respondent No.3. CORAM : ANOOP V. MOHTA & A.A. SAYED, JJ.

DATED : 16 SEPTEMBER 2015 ORDER:

Rule, returnable forthwith. Heard finally by consent of the parties. Both Counsel conceded to the position that the issues raised in the present Petition are squarely covered by Division Bench Judgment dated 26 August 2015 in Writ Petition No.5106 of 2015, Maharashtra Medical Education And Research Centre And Anr. Vs. State of Maharashtra through Its Principal Secretary, Medical Education Dept. And Ors. passed by this Division Bench (Anoop V. Mohta & A.A. Sayed, JJ.). Therefore, for the reasons stated in the said judgment, we pass the following order:

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ORDER

(i) The rejection order passed by the then existing Pravesh Niyantran Samiti dated 25 August 2015 is quashed and set aside.

(ii) The Petitioners are permitted to conduct its own CET followed by CAP for the academic year 2015-2016 for their respective undergraduate courses, in accordance with law and the practice so adopted last year.

(iii) It is made clear that the above arrangement is only for academic year 2015-2016. For next year, the provisions of Act will be applicable in every respect.

(iv) All points are kept open.

(v) Rule made absolute accordingly with liberty. No order as to costs. (vi) Parties to act on an authenticated copy of this order. (A.A. SAYED, J.) (ANOOP V. MOHTA, J.) katkam 2/3

3/3 CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order.

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