Shiva Trusts Yashwantrao Chavan Ayurvedic College Throughs Its President B S Pawar v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11687 OF 2016 Shiva Trust's Yashwantrao Chavan Ayurvedic College, Nipani-Bhalgaon, Beed Road, Aurangabad, through its President Dr.Balasaheb Shivajirao Pawar Age 49 years, Occ. Social Service, r/o. G-57, N-4, CIDCO, Aurangabad ..Petitioner Vs.

The State of Maharashtra, Through the Secretary for Medical Education and Drugs Department, Mantralaya, Mumbai and others ..Respondent -- Mr.V.D.Hon, Senior Advocate, Mr.A.V.Hon and Mr.A.D.Shinde, Advocates for petitioner Mr.A.B.Girase, Government Pleader and Mrs.V.N. Patil-Jadhav, AGP, for respondent nos.1, 3 and 5 Mr.M.V.Deshpande, Advocate i/b. Mr.M.D.Narwadkar, Advocate for respondent no.2 Mr.J.R.Patil, Advocate for respondent no.6 -- WITH

2 36-wp11687.odt CIVIL APPLICATION NO.15563 OF 2016 IN WRIT PETITION NO.11687 OF 2016 Shubham s/o. Sanjay Pawade, Age : 18 years, Occ. Education, Presently r/o. Hostel of Yashwantrao Chavan Ayurvedic College, Nipani-Bhalgaon, Beed Road, Aurangabad and 33 others ..Applicants Vs.

Shiva Trust's Yashwantrao Chavan Ayurvedic College, Nipani-Bhalgaon, Beed Road, Aurangabad, through its President Dr.Balasaheb Shivajirao Pawar Age 49 years, Occ. Social Service, r/o. G-57, N-4, CIDCO, Aurangabad and others ..Respondents -- Mr.V.J.Dixit, Senior Advocate i/b. Mr.N.D.Sonawane Advocate for applicants Mr.V.D.Hon, Senior Advocate, Mr.A.V.Hon and Mr.A.D.Shinde, Advocates for respondent no.1 Mr.A.B.Girase, Government Pleader and Mrs.V.N. Patil-Jadhav, AGP, for respondent nos.2, 4 and 6 Mr.M.V.Deshpande, Advocate i/b. Mr.M.D.Narwadkar, Advocate for respondent no.3 Mr.J.R.Patil, Advocate for respondent no.7 --

3 36-wp11687.odt CORAM : R.M. BORDE AND SANGITRAO S. PATIL, JJ.

DATE : NOVEMBER 30, 2016 PER COURT :

Heard.

2.

Respondent no.2 - Admissions Regulating Authority has taken a decision to protect the admissions of 40 students who were admitted as per the programme of admission declared on 29.10.2016, until 3.00 p.m. on 31.10.2016, and has denied the claim of the petitioner for granting admissions to other 46 students who were stated to have been admitted under the spot admission round after 5.00 p.m. on 31.10.2016.

3.

The learned Counsel for the petitioner states that amongst 46 students admitted under the spot admission round, names of 7 students find place in the merit list disclosed on 31.10.2016 and their admissions may be protected.

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It would be open for the petitioner to make appropriate representation to respondent no.2 - Admissions Regulating Authority and if such representation is made together with the list of students and necessary information that may be called from respondent no.2 - Admissions Regulating Authority, respondent no.2 shall consider the same in accordance with the relevant regulations.

5.

It would be open for the students whose admissions have not been approved by respondent no.2 - Admissions Regulating Authority, to participate in the further round of admission. 6.

The learned Counsel for the petitioner, on instructions, seeks leave to withdraw the Writ Petition.

7.

Leave granted. The petition stands disposed of as withdrawn.

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In view of withdrawal of the Writ Petition, Civil Application No.15563 of 2016 does not survive and stands disposed of.

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