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Bombay High CourtWP/1423/2022allowed

Ritesh Chandrashekhar Kawale v. Admission Regulating Authority Thr. Chairman, State Of Maha., Mumbai And Others

2022-08-30Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Justice Urmila Joshi Phalke2 pages

73-WP-1423-22.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 1423 of 2022 Ritesh Chandrashekhar Kawale vs.

Admission Regulating Authority through its Chairman, State of Maharashtra, Mumbai and others.

------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------------------------ Shri B.G.Kulkarni, Advocate for petitioner.

Shri N.S.Khubalkar, Advocate for respondent no.1. Ms K. R. Deshpande, Assistant Government Pleader for respondent no. 2. Ms Ira Khisti, Advocate for respondent no.3.

Shri S.N.Shende, Advocate for respondent no.4. CORAM :- A.S.CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE :- AUGUST 30, 2022 P.C.

Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

The petitioner claims to belong to 'Sonar' Other Backward Class (OBC). He sought admission in the first year Bachelor of Engineering Course in the year 2017-18. He was granted such admission in the OBC category. Since the petitioner did not submit necessary documents to enable the caste certificate to be verified, he has paid fees of the College as a candidate from the Open category. The petitioner cleared first three years of the Bachelor of Engineering examination. However, the petitioner's result of 7th semester was withheld and he was not permitted to appear for 8th Semester examination. Being aggrieved by the fact that his admission was not approved, the petitioner approached the Admissions Regulating Authority. The petitioner's admission in the Open category was approved by the said Authority on 14.06.2022. However the College was directed to pay penalty of Rs.One lakh.

73-WP-1423-22.odt 2 Today, it is informed that the amount of penalty has been paid by the College on 12.08.2022. However, the result of the petitioner is now awaited and the same has to be declared by the respondent no.3-University.

In these facts since the admission of the petitioner has been approved by the respondent no.1 on 14.06.2022 and a fine imposed has also been paid by the respondent no.4-College, the respondent no.3-University is directed to declare the petitioner's results of 7th and 8th semesters Bachelor of Engineering examination within a period of seven days of receiving copy of this order. Rule is made absolute in aforesaid terms with no order as to costs.

( URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.) Andurkar..

ANDURKAR Personal Assistant 03.09.2022 11:43