Ambadas Sakharam Thakur v. The Union Of India And Others

1 1102-wp 11956-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11956 OF 2021 Aaditee D/o Ambadas Thakur U/g through her father Ambadas Sakharam Thakur .. Petitioner

Versus

The Union of India and others .. Respondents Mr. Amol Ratan Gaikwad, Advocate for the Petitioner. Mr. A. B. Dhongade, Advocate for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 17th DECEMBER, 2021.

PER COURT:- .

Mr. Gaikwad, learned counsel for the petitioner submits that the petitioner has sought admission with respondent No. 3 school. The respondent No. 3 did not select the petitioner though participated in the selection process. The respondents never published the answer key. The respondents also did not publish the select list as required. The father of the petitioner is an agriculturist and has dream of studying his child in the best of the school. The respondent No. 3 is a Central school. The petitioner is scholar.

2.

Mr. Dhongade, learned counsel for the respondents submits that

2 1102-wp 11956-2021.odt although the petitioner was eligible, but she could not be selected as she secured less than cut off marks in her category. 3.

It appears from the affidavit filed by the respondents that cut off marks for the category from which the petitioner has participated in the selection process is 95 marks. The petitioner has secured 93.75 marks. Even, if we round of to the nearest, the same would be 94 marks. In the light of that, no positive directions can be given to the respondents to admit the petitioner.

4.

It is certainly for the respondents to take the decision as they may be deem fit in the facts and circumstances of the case. 5.

With these observations, writ petition is disposed of. No costs. ( S. G. DIGE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.