Krishna Manoj Ingale v. The Maharashtra Animal And Of Fishery Sciences University And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13628 OF 2024 Krishna Manoj Ingle .. Petitioner Vs.

The Maharashtra Animal & Fishery Sciences University, Nagpur and Ors.

.. Respondents Mr. Pankaj J. Das, Advocate for the Petitioner. Mr. Avinash Jalisatgi with Mr. T.R. Yadav and Ms. Divya Wadekar, Advocates for Respondent Nos.1 and 2.

Mrs. M.S. Srivastava, Assistant Government Pleader for Respondent No.3. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 7TH OCTOBER 2024.

P.C. :

1.

The petitioner sought admission in the Bachelor of Veterinary Science and Animal Husbandry for the academic year 2024-25. The petitioner claims to belong to Nomadic Tribe(b) category. Since he received his Caste Validity Certificate only on 12th September 2024, which was after the second round, he could not get benefit of reservation in the initial rounds. According to him, eight seats were reserved for the candidates from the Nomadic Tribe category and hence he ought to be permitted to seek benefit of such reservation. 2.

In the reply filed on behalf of respondent nos.1 and 2, it has been stated that on the eight seats reserved, candidates from the Nomadic Tribe category who have secured more marks than the petitioner have been admitted and the said eight seats have been duly filled in. 1/2 21-WP-13628-2024.doc Dixit

3.

The learned counsel for the petitioner in the alternate submits that in case any of the eight seats falls vacant, the petitioner be permitted to make a claim for that vacant seat. This request is opposed by the learned counsel for the respondent nos.1 and 2 on the ground that in the application form, the petitioner did not seek the benefit of horizontal reservation. If such benefit is permitted to be sought at this late stage, the entire admission process would be disturbed as other similarly situated candidates would also have to be invited.

4.

We find justification in the submission made on behalf of respondent nos.1 and 2. In view of the fact that presently there is no vacant seat available and candidates admitted in the reserved category are more meritorious than the petitioner, no relief can be granted to the petitioner. The writ petition is therefore dismissed. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.10.07 18:36:29 +0530 Dixit SNEHA ABHAY DIXIT 21-WP-13628-2024.doc