Miss. Jamadar Sabheen Altaf Husain v. The Chancellor/Controller Of Examination And ORS

P-8-caw-2694.2016.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2694 OF 2016 IN WRIT PETITION NO. 4403 OF 2016 Ms. Jamadar Sabheen Altaf Husain ... Applicant

Versus

The State of Maharashtra and Ors.

... Respondents Mr. S. Sakhare for the applicant.

Mr. Vijay Mali, AGP for the respondent State. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATED : OCTOBER 26, 2016.

P.C.

Not on board. Taken on production board in view of the urgency. 2.

Heard learned counsel for the petitioner as also the learned AGP on the Civil Application.

3.

The Petitioner through this application is seeking direction to respondent no.1 to declare the petitioner's result in the examination of third year BAMS Summer 2016 held in the month of June, 2016 subject to the decision of WP No. 4403 of 2016 as well as subject to the decision of the Caste Validation Committee. The petitioner has also prayed that in case the petitioner is declared pass in the said

P-8-caw-2694.2016.sxw examination, respondent no. 3 college be directed to give admission to the petitioner in the final year Internship of the BAMS Course. 4.

Having regard to the earlier order passed by this Court on 13.4.2016 and the fact that the petitioner's matter is still pending before the Caste Validation Committee, we direct respondent no.1 to declare the petitioner's result and in case the petitioner is declared pass in the said third year examination, he be allowed admission by the respondent no. 3 for the final year Internship subject to the petitioner's depositing requisite fees and complying with the other formalities. However, this will be subject to the final outcome of this petition and the petitioner shall not be entitled to claim any equity on the basis of this order.

5.

Civil Application is disposed of.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)