Bombay High CourtCAW/1491/2015dispossed offdismiss for default

Vaibhav S/O Prabhudas Chauke v. The Principal, M.B. Patel College Of Agriculture, Gondia And 2 Others

2015-08-26Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 2608caw1491.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.1491 OF 2015 IN W.P.NO.3846 OF 2014 (D) Vaibhav Prabhudas Chauke ..vs.. The Principal, M.B.Patel College of Agriculture and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs.Geeta Tiwari, Adv. for the petitioner.

Mr.A.R.Deshpande, Adv. for respondent no. 1 & 2. Ms.Kalyani Deshpande, AGP for respondent no.3. CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : AUGUST 26, 2015.

Heard Advocate Mrs.Geeta Tiwari for the petitioner, Mr.A.R.Deshpande, Adv. for respondent no. 1 and 2 and Ms.Deshpande, AGP for respondent no.3.

Advocate Mr.Deshpande states that respondent no.1 - Principal Sushil Kelakade is present in-person. He tenders unconditional apology. We accordingly accept the same.

It is apparent that the caste claim of the petitioner is to be adjudicated upon by respondent no.3 within twelve months from 13th of January, 2015 i.e. the date on which Writ Petition No.3846 of 2014 has been disposed and interim protection granted by this Court on 25th of July, 2014 is continued till caste claim of the petitioner is so adjudicated upon.

In this situation, in view of unconditional apology tendered by respondent no.1 and the statement made by Advocate Deshpande that respondent no.1 has not demanded any money towards additional fees (treating petitioner as a student in open category), we find that it is not necessary for this Court to issue any direction. It is apparent that the petitioner/applicant is in position to continue his education undisturbed.

2 2608caw1491.15.odt Accordingly, with these observations, we disposed of the Civil Application (CAW) No.1491 of 2015.

JUDGE JUDGE Chute.