Madhuram Vijay Navandar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 WRIT PETITION NO.10398 OF 2019 MADHURAM VIJAY NAVANDAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr R R Chandak h/for Mr Kalani Pravin N. And Navandar Sachin H.

AGP for Respondent State: Mr S. B. Narwade Advocate for Respondent No.2 : Mr S. G. Karlekar Advocate for Respondent No.3 : Mrs Anjali Bajpai Dube

CORAM

: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATE : 4th September, 2019 ORDER:

1.

The petitioner had applied for degree course in Pharmacy from Economically Weaker Section(EWS)category. The EWS certificate dated 08.07.2019 was submitted. His name appeared in the provisional merit list. The documents were submitted to petitioner no.3. In the final merit list, name of the petitioner was appearing at Sr. No. 4116 under EWS category. However, subsequently, the petitioner was intimated that his application has been converted to Non-EWS category on the ground that EWS certificate produced by the petitioner is not in the proper format. It appears that the petitioner secured fresh EWS certificate on 09.08.2019.

2.

We had asked Mr. Karlekar, the learned advocate

for respondent No.2 to take instructions about the vacancy. The learned counsel submits that one post for EWS category is vacant at Maharashtra College of Pharmacy, Nilanga and the petitioner had opted for the said college.

3.

The name of the petitioner appears in the final merit list from EWS category. The petitioner has also submitted the EWS certificate in the required form. 4.

In the light of above, the respondents shall consider the claim of the petitioner for admission from EWS category in the vacancy that would be available without disturbing the admissions already made. 5.

We have passed this order only because the name of the petitioner appeared in the final merit list from EWS category and as vacancy exist at the college the petitioner has opted.

6.

Writ petition is accordingly disposed of. No costs. 7.

Authenticated copy be given.

(ANIL S. KILOR, J.) (S.V.GANGAPURWALA, J.) JPC