Bombay High CourtWP/2752/2016dispossed offdismiss for default

Rajan Prakash Ganvir And Others v. Yashwantrao Chavan Maha. Open University, Nashik, Thr. Director And Others

2016-07-20Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi3 pages

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2752/2016 (Rajan Prakash Ganvir and 15 others vs. Yashwantrao Chavan Maharashtra Open University and others ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. T.J. Patil, Advocate for the petitioner Mr. Anand Parchure, Advocate for Respondent nos.1 & 2 Mr. S.P.Bhandarkar, Advocate for Respondent No.3 CORAM : SMT. VASANTI A.NAIK & MRS.SWAPNA JOSHI, JJ.

DATED : 20th July, 2016 Heard.

By this Writ Petition, the petitioners have sought a declaration that they are eligible to appear in the DMLT course examination, to be held on 18.5.2016.

Shri Parchure, the learned counsel for respondent nos.1 and 2 states on the basis of affidavit-in-reply filed on behalf of the concerned respondent, that though the petitioners were permitted by an interim order to appear at the DMLT course examination that was scheduled to be held in May /June 2016, none of the petitioners had appeared in the examination, on the ground that all the 64 students that were admitted in the college should have been permitted to appear. It is stated that the cause for filing the Writ petition has been rendered infructuous as the

only prayer made by the petitioners was for a direction to the respondents to appear at the examination, that was scheduled on 18.5.2016. It is stated that the examination is already over and hence the cause for filing the Writ Petition has been rendered infructuous.

We find much force in the submission made on behalf of the respondents 1 and 2. Since the examination is already concluded, the Writ Petition cannot be proceeded any longer.

Hence, we dispose of the Writ petition with no order as to costs.

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