Shivani Vyankusa Malji v. The State Of Maharashtra Thr The Secretary And ORS

51.WPNo.1942022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 194 OF 2022 Shivani Vyankusa Malji ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents Mr. Rajaram V. Bansode, Advocate for the Petitioner. Mr. V. M. Mali, AGP for the Respondents/State. Mr.Sheetal M. Ubale, Advocate for the Respondent/College. Mr. Sachindra B. Shetye, Advocate for the Respondent/ University.

Mr. Mandar Bagkar and Mr. Chetan G. Patil, Advocate for the Respondent No.3.

CORAM:

S.V. GANGAPURWALA & S. M. MODAK, JJ.

DATED :

JUNE 20, 2022 P.C.

1.

The admission of the petitioner to BHMS degree course conduced by the respondent Nos.6 and 7 is not approved on the ground that the petitioner has not submitted the leaving certifcate/transfer certifcate. The defect was removed probably on 17th March 2021. This Court under order dated 22nd February 2022 directed the respondent No.3 to approve the admission of petitioner to BHMS Course in the institution run by respondent Nos.6 and 7.

Gaikwad RD 1/2

51.WPNo.1942022.doc 2.

The other issue was of non-submission of Migration Certifcate with the University. According to the learned Counsel for the University at no material point of time the Migration Certifcate was submitted to the University whereas according to the petitioner, it is submitted to the college. The learned Counsel for the college submitted that the same was forwarded to the University. Moreover, from the copy of Migration Certifcate, it appears that the same was issued on 8th November 2021.

3.

The challenge to the non-approval of petitioner's admission is redressed by an order dated 25th February 2022. So far as the issue of non submission of Migration Certifcate is concerned, the learned Counsel for the University, on instructions, submits that University has received Migration Certifcate on 8th March 2022. 4.

In view of that, the other defect shall also be deemed to have been cured. The writ petition as such has become redundant.

5.

In view of the above, as the admission of the petitioner is approved and the petitioner has submitted the migration certifcate, in case if there is no other impediment, then the result of the petitioner's examination be declared. 6.

Writ petition stands disposed of. No costs.

(S. M. MODAK, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.06.23 11:09:08 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2