Mayuri Hanmant Karewad v. The State Of Maharashtra And Others

ca11910.21 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11910 OF 2021 IN WP/1999/2018 WITH WP/1999/2018 MAYURI HANMANT KAREWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. Kalyan V. Patil, Advocate holding for Mr. S.R. Barlinge, Advocate for applicant;

Smt. M.A. Deshpande, A.G.P. for respondent no.1 CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, J.

DATE : 26th November 2021 ORAL ORDER :

1.

By this Civil Application, the applicant, a girl student pursuing her M.B.B.S. course, has put-forth prayer clause (B) as under:- "(B) The respondent Nos.3 and 4 may kindly be directed to declare the result of the applicant/petitioner of Third (I) M.B.B.S. Examination (Winter-2020) and allow her to prosecute her further studies by allowing her to appear for supplementary Examination scheduled to be held from 04.10.2021."

2.

We are informed that the supplementary examination scheduled on 4.10.2021 is conducted and the applicant could not appear in the said examination as the result of her first year third semester M.B.B.S. course (Winter-2020) was not declared by respondent no.3 university since her

ca11910.21 (2) claim of belonging to "Koli Mahadeo" has been invalidated. 3.

By the order of this Court dated 15.2.2018, the petitioner is permitted to prosecute her studies and the respondent was directed not to restrain the petitioner from prosecuting the studies on the ground that her tribe claim is invalidated. We, therefore, permit the petitioner to avail of a remedy as permissible in law, for having not been able to appear for the supplementary examination that was held on 04.10.2021. 4.

In view of the above, this Civil Application is partly allowed. We direct the respondent university/college to declare the result of Winter-2020 examination of Third (I) M.B.B.S. course, within two weeks from today. (S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) amj