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Bombay High CourtWP/10515/2016disposed offdismissed for default

Radhika Sanjay Phand v. The State Of Maharashtra And Others

2016-12-20Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice R. M. Borde3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10515 OF 2016 RADHIKA SANJAY PHAND

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ­­ Mr.D.S.Bagul, Advocate for petitioner Mr.S.B.Pulkundwar, AGP for respondent nos.1, 2 and 5 Mr.A.V.Hon, Advocate for respondent no.4 ­­ CORAM : R.M. BORDE AND SANGITRAO S. PATIL, JJ.

DATE : DECEMBER 20, 2016 PER COURT :

Heard.

2.

Liberty to add the Admission Regulating Authority as party respondent to this petition. The learned AGP waives notice for the added respondent. 3.

It is recorded in the affidavit­in­reply presented on behalf of respondent nos.1 and 2 that the admissions for B.Arch course are carried out by the Maharashtra Association of School of Architecture

2 50-wp10515.odt (MASA) during the academic year 2015­2016 as per the rules approved by Admission Regulating Authority, Mumbai and there is no provision for transfer of a student from one institute to another under the rules. Respondent no.2 - the Director of Technical Education, Mumbai sent communications on 27.07.2016, 29.09.2016 and 03.10.2016 and requested the Admission Regulating Authority to take appropriate decision at its own level. The decision of the Admission Regulating Authority is yet awaited.

4.

In the circumstances, we direct the Admission Regulating Authority, added respondent no.5, to take decision on the communications sent by respondent no.2 ­ Director of Technical Education, Mumbai on 27.07.2016, 29.09.2016 and 03.10.2016, as expeditiously as possible and preferably, within a period of eight weeks from today and it is accordingly directed.

3 50-wp10515.odt 5.

In the meanwhile, respondent no.4 shall permit the petitioner to pursue studies in its college.

6.

The Writ Petition stands disposed of as such.

[SANGITRAO S. PATIL, J.] [R.M. BORDE, J.] kbp