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Bombay High CourtMCA/1235/2015rejected at admission stage

The State Of Maharashtra Through Its Principal Secty., Higher And Technical Education, Mubmai v. Sakina Education Society Camp, Amravati Through Its President, Mehdi Hussain S/O T. Hussain And ANR

2015-11-30Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 cao1481.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.O. NO.1481/2015 IN M.C.A. ST. NO.15399/2015 IN WRIT PETITION NO.5711/2014 [D] [The State of Maharashtra .vs. Sakina Education Society Camp Amravati and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Deshpande, AGP for the applicant-petitioner, Shri F.T. Mirza, Advocate for respondent no.1. ..........

CORAM : B.R. GAVAI AND P.N. DESHMUKH, JJ.

DATED : NOVEMBER 30, 2015.

Heard.

For the reasons stated in the application, the application is allowed. Delay is condoned.

M.C.A. St. No.15399/2015 Taken on board for admission.

Shri Deshpande, learned Assistant Government Pleader for the applicant-petitioner, states that though the order states that the deficiencies were removed by the petitioner, as a matter of fact, there are still deficiencies. The perusal of paragraph 3 of the order passed by this court would clear that though it was clearly stated in the affidavit-in-reply filed on behalf of the State that there are certain deficiencies in the proposal submitted by the petitioner, no details of whatsoever nature are given in the said affidavit-in-reply. This court, on perusal of the record

2 cao1481.15.odt reveals that the university had specifically stated that the deficiencies which were pointed out were subsequently removed by the petitioner. This court, while allowing the petition, has relied on the judgment of the Division Bench of this court in the case of Social Society, Morba .vs. Principal Secretary, Higher and Technical Education Department, Mumbai and others, reported in 2011 (4) Mh.L.J. 316. We do not notice any error apparent on the face of the record. No interference is warranted. The application is rejected.

JUDGE JUDGE Gulande