Harshal Motilal Thakur v. Director Of Medical Education And Research Cet Cell And Others

905-CA-8554-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8554 OF 2020 IN WP/4424/2019 Harshal Motilal Thakur ..

Applicant

Versus

Director of Medical Education and Research CET Cell and others ..

Respondents ...

Mr. S. S. Phatale h/f. Mr. M. S. Deshmukh, Advocate for Applicant Mrs. G. L. Deshpande, A.G.P. for Respondents No.1 to 4 Mr. A. S. Bayas, Advocate for Respondent No.5 in writ petition ...

CORAM :

SUNIL P. DESHMUKH AND R. G. AVACHAT, JJ.

DATE : 18th DECEMBER, 2020 PER COURT :- Heard learned counsel for appearing parties.

2.

Learned counsel for applicant urges for direction to issue mark sheets and degree certificate of BDS course since being required to enable him to prosecute higher studies. He further submits that applicant would not claim tribe / reserved category benefit being sub-judice before this court under writ petition. As without degree certificate and mark sheets, prosecution of further studies is not possible, request has been made. 3.

Learned A.G.P. purports to oppose, however, resiles to that it would be subject to out come of writ petition and relevant statute.

905-CA-8554-20.odt 4.

Having regard to aforesaid, we deem it expedient to grant civil application in terms of prayer clause 'B'. The applicantpetitioner shall not claim benefit of tribe category and other benefits based on the same while prosecuting further studies. 5.

Efficacy of degree certificate would be subject to outcome of writ petition. Concerned college and university as well, may issue requisite certificates, enabling petitioner-applicant to prosecute further studies.

6.

Civil application is allowed in terms of prayer clause 'B' and is disposed of.

( R. G. AVACHAT ) ( SUNIL P. DESHMUKH ) JUDGE JUDGE rrd