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Bombay High CourtWP/4357/2018admittedallwdgrantedrule absolute

Ms. Rasheda Anwar D/O Mohammad Arifur Rahman Sheikh v. The Vice Chancellor, Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur And Others

2018-07-30Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4357/2018 Ms. Rasheda Anwar ..VS..

The Vice Chancellor RTMNU, Nagpur & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Syed, Advocate for the petitioner Shri P.B. Patil, Advocate for the respondent nos. 1 to 4 Shri B.G. Kulkarni, Advocate appearing for respondent no. 6 CORAM : B.P. DHARMADHIKARI AND Z.A.HAQ, JJ.

DATED : 30 /07/2018 1] Heard for some time.

2] This Court has on 19/07/2018 in peculiar facts directed respondent no. 3 to consider the candidature of petitioner as student of Nagpur University for the purposes of CAP.

3] Submissions on behalf of respondent nos. 2 and 3 filed today show that because of some technical aspects, the agency namely Pro-Mark Private Limited could not effect necessary changes and hence there could not be such consideration.

4] We need not dwell on this controversy because neither the petitioner claims nor the respondents point out that any student who has scored less marks than petitioner has been admitted in open category in aided college after

2 wp4357.18 order of this Court.

5] The next round of admissions is scheduled to begun from 02/08/2018 and Advocate Patil has pointed out that in the meanwhile, petitioner was allotted an unaided college and she has secured admission in it. He submits that as such her name now stands deleted from admission process. 6] In this situation, we find interest of justice demands that name of petitioner should be added to said round of admission process to examine whether as per her merit, she can be admitted in any aided college. We accordingly direct respondent nos. 1 to 5 to take necessary steps and respondent no. 3 shall accordingly consider the candidature of petitioner as a candidate of home university for admission in an aided college in round commencing from 02/08/2018. This shall be as an exception and without creating any precedent.

7] With this direction, we partly allow the writ petition and dispose it of. No costs.

JUDGE JUDGE Ansari