Minakshi Sonaji Shirale v. The State Of Mah And ORS

WP 8862.2010 + CA.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8862 OF 2010 WITH CIVIL APPLICATION NO. 12760 OF 2015 MINAKSHI D/O SONAJI SHIRALE THROUGH HER GUARDIAN SONAJI S/O TUKARAM SHIRALE

VERSUS

THE STATE OF MAHARSHTRA AND OTHERS.

...

Advocate for Petitioner : Mr. S.N.Janakwade AGP for Respondents 1-3 : Mr. S.D.Kaldate Advocate for Respondent 4 : Mr. K.D.Bade Patil (in WP) ...

CORAM : A.V. NIRGUDE & V.K. JADHAV, JJ.

Dated: October 08, 2015 ...

PER COURT :- 1.

This petition challenges the decision of University refusing to accord permission to the petitioner to appear for the first year B.A.M.S. examination on the ground that, she had not completed 17 years of age at the time of admission to the medical course. Admittedly, she was one month and one day younger at that time.

2.

At interim stage, this Court held that, the petitioner did not conceal any fact relating to her age and, yet, the authorities allowed her first to take admission for nursing course and then to B.A.M.S. Course.

3.

In view of this, the Court was of the view that to meet

WP 8862.2010 + CA.odt the ends of justice, she should be permitted to appear for the examination. Accordingly, she appeared for the examination of first year. Now, we had told that she has even completed B.A.M.S. course successfully.

4.

In view of this, there is hardly any substance in the decision impugned in this petition which restricted the petitioner from appearing for the examination. The petitioner has achieved what she wanted to achieve at interim stage. This petition, therefore, has served its purpose, and now, therefore, there is nothing to be decided further. Hence, Writ Petition is disposed of. 5.

In view of disposal of this writ petition, all original documents handed over to the Respondent - University at the time of admission be returned to the petitioner, forthwith.

6.

In view of disposal of writ petition, pending Civil application also stands disposed of.

7.

Parties to act on an authenticated copy of this order. ( V.K. JADHAV, J. ) ( A.V. NIRGUDE, J. ) aaa/- ....