Atharva Rushikesh Modak v. State Of Maharashtra Throu. School Education And Sports Dept And ORS

2025:BHC-AS:18190-DB 912.WP18339_2024.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18339 OF 2024 Atharva Rushikesh Modak ... Petitioner Vs.

State of Maharashtra, through School Education and Sports Dept. & Ors.

... Respondents _______ Mr. Anil Anturkar, Senior Advocate a/w. Mr. Atharva A. Date for the petitioner. Ms. T.J. Kapre, AGP for the respondents/State. _______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATED:

22 April, 2025 P.C.

1.

We have heard learned counsel for the parties. 2.

After this petition was heard for sometime, considering the reply affidavit filed on behalf of the State Government and more particularly annexed to affidavit, namely, Exhibit R-3(Page 246), which would indicate that the petitioner has received 8 marks considering his best performance for three years and not 26.50 marks as contended by the petitioner from Exhibit D (Page 127), learned counsel for the petitioner seeks leave to withdraw this petition with liberty to challenge the grant of 8 marks by filing a fresh and appropriate petition including to raise all contentions as raised in the present petition.. 3.

Allowed to be withdrawn with liberty as prayed for. 4.

All contentions are expressly kept open.

5.

Disposed of. No costs.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI , J.) 22 April, 2025 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 23/04/2025 15:10:55