Pranjali D/O Uttamrao Barbatkar v. The State Of Maharashtra, Thr. Secretary, Higher And Technical Education Deptt., Mumbai And 2 Other

1 28.04.wp.4100.14.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4100/2014 (Ku,. Pranjali D/o Uttamrao Barbatkar vs. The State of Maharashtra 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.P.S.Wathore, Advocate for petitioner Mr.D.B.Patel, Assistant Government Pleader for Res.Nos.1 & 2 CORAM : SMT. VASANTI A. NAIK & A.M. BADAR, JJ.

DATED : 28th April, 2015.

Heard.

By this petition, the petitioner seeks a direction to the respondents to admit the petitioner in the first year of the degree course in Engineering/Technology, in the academic session 2014-15, in the Institute of respondent no.3 where the petitioner was entitled to be admitted. The petitioner has secured 63.33% marks at the HSC examination and was desirous of seeking admission in Dr. Babasaheb Ambedkar Technology University, Lonere, after passing the entrance test. The petitioner was informed on 17.7.2014 by a SMS, on her mobile phone, that she was selected for admission in the said University at Lonere and she was required to attend the University along with the requisite fees. According to the petitioner, the distance between Dhamangaon where the petitioner resides and Lonere is approximately 1300 kms. and since the day on which the amount was to be paid was a Saturday, the banking hours were closed at 12.00 noon. According to the petitioner, she

2 28.04.wp.4100.14. was ready to make the payment through her relatives through Axis Bank, but she was not permitted by the respondents to deposit the amount through the said Bank. It is stated that in view of the aforesaid, the admission of the petitioner was cancelled and the seat was declared vacant in the second round. In this background, the petitioner filed the instant petition on 4.8.2014 seeking admission to the college at Lonere in the first year Engineering/Technology course. Shri D.B.Patel, the learned Assistant Government Pleader appearing on behalf of the respondent nos. 1 and 2 states that the admission of the petitioner was cancelled as the petitioner could not remain present at the requisiste place along with the fees, on the stipulated day.

It is stated that in view of the interim order passed by this Court, the petitioner is admitted in the first year of Engineering degree in PetroChemicals, on a seat reserved for Other Backward Classes and the petitioner is pursuing education in the respondent-college. It is stated that since the petitioner is admitted in the respondent-college and since the petitioner was eligible for admission in accordance with merit, it would not be necessary to keep the Writ Petition pending, any longer. In the circumstances mentioned herein-above, we dispose of the Writ Petition by confirming the admission of the petitioner in the respondent-college if there is no other impediment in doing so. In the circumstances of the case, no order as to costs.

JUDGE JUDGE sahare