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Bombay High CourtCAW/2372/2018admittedallwdgrantedrule absolute

Ankita D/O Dilip Nannaware v. State Of Maharashtra, Thr. Its Secretary, Tribal Development Dept., Mumbai And Others

2018-10-22Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice S.M. Modak2 pages

CAW2372.18.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (W) 2372/2018 in Writ Petition No.5466/2018 Ankita d/o Dilip Nannaware vs The State of Maharashtra, through its Secretary, Tribal Development Department, and others. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri P.P.Dhok, Advocate, for petitioner/applicant. Shri S.M.Ghodeswar, AGP for respondent nos. 1 to 3, & 6. CORAM: B.P.DHARMADHIKARI and S.M.MODAK, JJ.

DATE : 22.10.2018 This Court has issued notice in Writ Petition No.5466/2018 on 28th August, 2018. Though respondent no.4 is served on 04.09.2018, there is no appearance for it.

2.

Petitioner seeks directions to respondent no.4-College to provisionally release mark-sheet of B.E. Final Semester. 3.

Learned AGP is opposing the prayer. He points out that as the caste claim is invalidated, the petitioner cannot derive any advantage of the education which he has taken as reserved category candidate. 4.

This Court has still not adjudicated upon merits of the controversy. The degree in engineering is to be released by respondent no.5-University. Petitioner is not seeking any direction against the University at this stage.

5.

We, therefore, direct respondent no.4-College and University to provisionally communicate his performance in B.E. final semester to petitioner so as to enable him to appear for supplementary examination or further examination to clear backlog, if any, in B.E.Course.

CAW2372.18.odt 2/2 6.

With this direction, the application is partly allowed and disposed of.

JUDGE JUDGE Andurkar