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Bombay High CourtWP/5191/2021allowed

Anuj Mohan Badule v. Admission Regulating Authority, State Of Maha. (Education Dept.), Mumbai And Others

2021-12-10Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Anil L. Pansare3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF PETITIONER :- Anuj Mohan Badule, aged 22 yrs., Occ.

Occ. Student, R/o At Bori Post Kachurwahi, Tal. Ramtek, Dist.-Nagpur.

...VERSUS...

RESPONDENTS :-

1. Admission Regulating Authority, State of Maharashtra (Education Department), Excelsior Theater, Building, 9th Floor, A.K.Nayak Marg, Fort, Mumbai-1.

2. The Director of Technical Education, State of Maharashtra, 3, Mahapalika, Marg, Fort, Mumbai-1.

3. Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur, through its Registrar, Civil Lines, Nagpur.

4. Kavi Kulguru Institute of Technology and Science, Ramtek through its Principal, Mouda Road, Ramtek, Dist.- Nagpur441106.

-------------------------------------------------------------------------------------------- Mr.Bhanudas G. Kulkarni, counsel for petitioner. Mr. N.S.Khubalkar, counsel for respondent No.1. Mr. K.L.Dharmadhikari, AGP for respondent No.2. Mr.J.J.Chandurkar, counsel for respondent No.3. --------------------------------------------------------------------------------------------- CORAM : SUNIL B.SHUKRE & ANIL L. PANSARE, JJ.

DATE : 10.12 .20 .

2/3 O R A L J U D G M E N T (Per :Sunil B.Shukre, J.) Heard Shri B.G. Kulkarni, learned counsel for the petitioner.

2.

Shri N.S. Khubalkar, learned counsel for respondent No.1, Shri K.L. Dharmadhikari, learned AGP for respondent No.2 and Shri J.J.Chandurkar, learned counsel for respondent No.3 appearing and waiving notice for respective respondents. There is no necessity to issue notice to respondent No.4, in view of proposed request sent by respondent No.4 in case of the petitioner, as seen by its recommendation made vide communication dated 7th December, 2021 (page-22).

3.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. 4.

Considering the fact that the petitioner was admitted to first year under graduate technical course in engineering and technology as per allotment order dated 21st July, 2018, subject to

3/3 his submitting tribe validity certificate in due course (no deadline was set), we deem it appropriate to allow this petition by issuing necessary directions in the matter.

5.

Accordingly, the petition is allowed. Respondent No.1 is directed to take a decision regarding confirmation of the admission given to the petitioner as the petitioner has already submitted his tribe validity certificate on 26th June, 2019, at the earliest, preferably within four weeks from the date of the order. 6.

Respondents are directed to accept the examination form of the petitioner for 7th Semester, B.E. (Mechanical Engineering) Examination commencing from 14th December, 2021 and permit the petitioner to appear at the said examination subject to the decision of respondent No.1 as directed herein above. 7.

Rule is made absolute in the above terms. No order as to costs.

(ANIL L. PANSARE, J) (SUNIL B. SHUKRE, J) Signed By:GHANSHYAM S KHUNTE