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Bombay High CourtCAW/1854/2018

Dnyandeep Education Soc., Through Its President v. Union Of India Through Principal Secretary And ORS.

2018-09-26Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice R.M. Savant.3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1854 OF 2018 IN WRIT PETITION NO. 2865 OF 2017 Dnandeep Education Society .. Applicant

Versus

Union of India and Ors.

.. Respondents Ms. Sandhya Nanavare for Applicant.

Ms. S.B. Kalel, AGP for State.

Ms. Shaba Khan I/b R.V. Govilkar for Respondent No.1 and 2. CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE,JJ DATE : 26 SEPTEMBER 2018.

P.C. :- .

Heard learned Counsel and learned AGP for respective parties.

2.

The Petition is filed for following reliefs :- "(a) That this Hon'ble Court be pleased to pass an appropriate writ in the nature of Mandamus and/or any other appropriate writ, order or direction that the letter dated 17th October, 2016 and 6th January 2017 addressed to the petitioner by Respondent No.4. rejecting the permission to start

the additional batches is bad in law and be set aside.

(a-1) The operation of order/direction dated 17.01.2016 and 06.01.2017 be stayed and the students admitted to the fitter and Electrician (2+2) batches be allowed to appear for the examination of All India Trade Test commencing on 02.02.2017."

The Petition is admitted and pending for final disposal. 3.

During the pendency of the Petition, present application is taken out for following prayers :- "(a) That this Hon'ble Court be pleased to direct Respondent No.4 to permit Applicant to participate in CAP process for vacant post, if any, at institution level in respect of Fitter IV (2+2) and Electrician 4 (2+2) for academic year 2018-19."

4.

We have noted that the CAP round for admission to ITI course is over on 4th August, 2018, and thereafter, present application is filed on 14th August, 2018. In our considered view, since CAP round for ITI is already over, we can't permit the

Petitioners to admit the students at institution level. 5.

Be that as it may, earlier the Applicant had approached this Court by filing Civil Application No.1707 of 2018 for permission to participate in CAP round and this application was rejected on 7th August, 2018 on the ground that CAP round is already over.

6.

In the aforesaid circumstances, we are not inclined to entertain this Civil Application and the same is accordingly dismissed.

(SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.)