Kaushik Dubey v. The State Of Maharashtra And 3 ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.830 OF 2016 Kaushik Dubey s/o. Rajendra Dubey .... Petitioner V/s.

The State of Maharashtra & Ors.

.... Respondents Mr. Omprakash Pandey a/w. Ms. Aneeta Vasani, i/by M/s. Pandey & Co., for the Petitioner.

Mr. H.S. Venegaonkar, A.G.P., for the Respondents. CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 4 TH MAY, 2016.

P.C. :

1.

Heard Mr. Pandey, learned counsel appearing for the Petitioner. 2.

Perused the Petition and all annexures thereto. The Petitioner claims to be an eligible candidate for admission to the course styled as "M.B.B.S. Course". The Petitioner states that she has qualified after appearing at the entrance test. However, another candidate was granted admission contrary to the terms and conditions. 3.

What we have been told is that this was a test conducted for admissions to the academic session 2015-2016. That academic session has already come to an end. The Petitioner, though admitted to another college, namely, Ashwini Rural Medical College Hospital & Research 1/2 WP-830-16.doc

Centre at Solapur, upon coming to know an irregularity and what is styled as gross illegality, withdrew her admission from that Institution and sought admission to the course from an Institution in Mumbai. It is in these circumstances that she claims that an irregular admission granted should be quashed and set aside.

4.

The admission that is granted and in an irregular manner is to a candidate whose name is Ankit Singh Patel. That candidate is also not before us. The academic session 2015-2016 also has come to an end. Even if we issue notice on such a Petition, which is filed on 8th February 2016, and summon the other side, no useful purpose will be served, as, by now, the entire course is concluded and even the exams. 5.

In such circumstances, keeping the issue and controversy open for decision in an appropriate case, we dispose of this Petition. [DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.] 2/2 WP-830-16.doc