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Bombay High CourtWP/3598/2023disposed off

Al Sabah Education And Welfare Society Through Its President Shaikh Mansur Mustafa And Another v. State Of Maharashtra Through Its Secretary And Others

2023-03-30Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

- 1 - -IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 906 WRIT PETITION NO.3598 OF 2023 AL SABAH EDUCATION AND WELFARE SOCIETY THROUGH ITS PRESIDENT SHAIKH MANSUR MUSTAFA AND ANOTHER

VERSUS

STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.P.B.Gapat, Advocate for the Petitioners.

Mr.P.S.Patil, AGP for the Respondent/State.

Mr.M.D.Narwadkar, Advocate for Respondent No.2. Mr.A.R.Nikam, Advocate for Respondent No.4.

( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : MARCH 30, 2023 PER COURT :

1.

Issue is as regards the admission of 5 students to the Petitioner / Institution. On account of certain irregularities, the Admission Regulatory Authority, by imposing costs of Rs.1,00,000/- (Rs.20,000/- per student), has regularized the admission of the said 5 students. The Management has filed a review petition, which is still pending before the competent Committee. The Petitioner did not deposit the costs of Rs.1,00,000/-.

- 2 - 2.

On 29.03.2023, we passed the following order :- "1. The learned Advocate for the Petitioners submits that he would produce a Demand Draft for Rs.1,00,000/- with regard to six students concerned in this writ petition, in the name of Admission Regulatory Authority, tomorrow.

2. Stand over to 30.03.2023, for passing orders." 3.

The learned Advocate for the Petitioner has handed over the demand draft for an amount of Rs.1,00,000/-, to the learned Advocate representing the Admission Regulatory Authority towards costs amount without prejudice to the rights of the Petitioner in the pending review petition.

4.

The learned Advocate for the Petitioner seeks disposal of this petition with a request that the Admission Regulatory Authority would decide the review petition within 45 days. 5.

In view of the above, this petition is disposed off. The Competent Authority would decide the review application of the Petitioner on it's own merits, within 45 days. The costs amount deposited, would be without prejudice to the rights of the Petitioner.

- 3 - 6.

In so far as the issue of certain objections raised on the admission of 34 students is concerned, with regard to which the Admission Regulatory Authority has called upon Respondent No.3 to tender a report, we would expect Respondent No.3 to tender such report to Respondent No.2 within 30 days from today. ( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.)