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Bombay High CourtWP/13875/2017disposed offdismissed for default

Amol Tejrao Kharat And Another v. The State Of Maharashtra And Others

2018-04-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale3 pages

1 wp 13621.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13621 OF 2017 Ramkisan Shrihari Mundhe .. Petitioner

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 14085 OF 2017 Digvijay Subhashrao Daud and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 13868 OF 2017 Shivraj Pandurang Tupe and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 13875 OF 2017 Amol Tejrao Kharat and another .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Subhash V. Mundhe, Advocate for Petitioners in all matters. Shri P. G. Borade, A.G.P. for the Respondent No. 1 in all matters. Shri S. S. Tope, Advocate for the Respondent No. 2 in all matters. Shri D. B. Shendge, Advocate h/f Shri B. R. Kedar, Advocate for the Respondent No. 3 in all matters.

2 wp 13621.17 CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 20TH APRIL, 2018.

FINAL ORDER :

.

We have heard Mr. Mundhe, the learned counsel for petitioners and Mr. Tope, the learned counsel for the respondent No. 2/university.

2.

Mr. Mundhe, the learned counsel submits that, the result of the petitioners' examination is withheld for no justifiable reason. On false pretext the examination result is not being declared.

3.

Mr. Tope, the learned counsel submits that, the FIR has been lodged with regard to malpractice in examination even against the petitioners. The report is not yet received from the police.

4.

Considering the provisions of the Maharashtra Public Universities Act, 2016, the relevant ordinances, it is for the university to constitute the committee and enquire into the matter and take decision.

5.

Upon instructions, Mr. Tope, the learned counsel for the university submits that, the university shall constitute the

3 wp 13621.17 committee as required and complete the entire process and shall take decision in respect of the cases of petitioners by 30th June, 2018.

6.

Upon the decision taken by the authority about the guilt of the petitioners in the examination, the further steps be taken with regard to the result. The writ petitions are disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/April 18