Nilesh S/O Vijay Wadalkar And Another v. Rastrasant Tukadoji Maharaj Nagpur University, Through Its Vice Chancellor, Nagpur And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 880/2014 (Shri Rashiprasad Bahuuddeshiya Shikshan Sanstha vrs RTM Nagpur University) AND WRIT PETITION NO. 1007/2014 (Rashtrasant Tukdoji Maharaj Bahuddeshiya Shikshan Sanstha vrs. State of Maharashtra and others) AND WRIT PETITION NO. 1020/2014 (Yuvakbharti Shikshan Sanstha vrs. RTM Nagpur University) AND WRIT PETITION NO. 1133/2014 (Jai Mahakali Krupa Bahu Uddeshiya Shikshan Sanstha vrs RTM Nagpur University) AND WRIT PETITION NO. 1143/2014 (Late Ganeshsingh Bahuuddeshiya Gramin Vikas Shikshan Sanstha vrs RTM Nagpur University) AND WRIT PETITION NO. 1434/2014 (Mr. Jerry Richard Pandian and two ors vrs Vice Chancellor, RTM Nagpur University) AND WRIT PETITION NO. 1435/2014 (Mr. Pankaj Mahipal Bagde vrs Vice Chancellor, RTM Nagpur University) AND WRIT PETITION NO. 1436/2014 (Shaharukh Shaikh Mohd.

Shabir Shaikh vrs Vice Chancellor RTM Nagpur University) AND WRIT PETITION NO. 1465/2014 (Yogesh Ganeshrao Gujar and anr vrs RTM Nagpur University) AND WRIT PETITION NO. 1466/2014 (Nilesh Vijay Wadalkar and anr vrs RTM Nagpur University) AND WRIT PETITION NO. 1467/2014 (Bandu Domaji Kakde and anr vrs RTM Nagpur University) AND WRIT PETITION NO. 1468/2014 (Vicky Arun Bagade and anr vrs RTM Nagpur University) AND WRIT PETITION NO.

WRIT PETITION NO. 1619/2014 (Krushna Suresh Patrikar and anr vrs RTM Nagpur University) AND WRIT PETITION NO. 1651/2014 (Suraj Marotrao Shahane vrs Vice Chancellor RTM Nagpur University) AND WRIT PETITION NO. 1667/2014 (Vyankatesh Shikshan Sanstha anr vrs RTM Nagpur University) AND WRIT PETITION NO. 1779/2014 (Abhishekh Manohar Aacharya and anr vrs State of Maharashtra ) AND WRIT PETITION NO. 3218/2013 (Aakar Bahuuddeshiya Gramin Vikas Sanstha vrs State of Maharashtra) AND WRIT PETITION NO. 3435/2013 (Amar Sewa Mandal vrs State of Maharashtra) AND WRIT PETITION NO. 4262/2013 (Shriram Shikshan Sanstha vrs RTM Nagpur University) AND WRIT PETITION NO. 4686/2013 (Gramin Shikshan Sanstha vrs State of Maharashtra) AND WRIT PETITION NO. 4687/2013 (Shri Sai Sewa Shikshan Mandal vrs State of Maharashtra) AND WRIT PETITION NO.

5483/2013 (Prerna Sewa Mandal vrs RTM Nagpur University) AND WRIT PETITION NO. 5496/2013 (Late M.D.Gandhe Memorial Edn Socy vrs RTM Nagpur University) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & S.B. SHUKRE, JJ.

MARCH 20, 2015.

Shri B.G. Kulkarni, Advocate, Shri Kaptan, Senior Advocate with Shri Kalangiwale, Advocate and Shri Puranik, learned counsel for the respondent - University, Mrs. Dangre, learned GP with learned AGPs on behalf of

the State Government and Shri Mishra, in-person. Shri Mishra states that in view of the subsequent developments as the students have appeared for the examination and results are also declared, petitions can be disposed of in terms of orders dated 07.01.2015 in Writ Petition No. 2220 of 2014 and Writ Petition No.2512 of 2014. Shri Mishra, however, submits that while considering Writ Petition No. 2448 of 2013, if any suppression or fraud by these managements is noticed, liberty should be given to him to point out the same to this Court at appropriate juncture.

It is apparent from the perusal of order dated 07.01.2015 passed by this Court that the controversy in above writ petitions is rendered infructuous. Hence, with directions as contained in para 4 therein, we dispose of these writ petitions. Para 4 reads as follows: "In this situation, it is apparent that present grievance is rendered infructuous. However, results of students of petitioner - Institution who had cleared 2nd Semester examination or who were otherwise eligible to appear for 3rd Semester examination shall be declared by the University in accordance with law at the earliest." Shri Mishra, can always point out to this Court any fraud or suppression which has got bearing on adjudication of controversy in accordance with law. JUDGE JUDGE *GS.