Dhanashree D/O Pramod Navghare v. State Of Maharashtra, Thr. Secretary, Departmetn Of Higher And Technical Education, Mumbai And ORS.

1 WP-3922-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3922 OF 2024 [Dhanashree D/o Pramod Navghare VERSUS State of Maharashtra and others] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri S.K. Bhoyar, Counsel for Petitioner.

Shri D.P. Thakare, Additional Government Pleader for Respondent No.1. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ .

D ATE : 3 rd JULY, 2024 1.

Perused the impugned communication dated 7-6-2024 issued by the respondent No.3-University to the respondent No.4-College. The petitioner's candidature was forwarded by the respondent No.4-College to the respondent No.3-University, she having been admitted to B.Sc. Nursing Course in the Academic Session 2023-24. The respondent No.3-University has refused to grant registration and eligibility on the ground that the petitioner has secured less than 40% marks in Physics, Chemistry and Biology subjects in H.S.C. Examination.

2.

It is the contention of Shri S.K. Bhoyar, learned counsel appearing for the petitioner, that the petitioner has already appeared in the First Semester Examination in B.Sc. Nursing Course and her admission was pursuant to the process adopted by the respondent No.1-State. He would claim that the petitioner has never suppressed the eligibility from the respondent No.2Admission Regulating Authority and that being so, she was not only granted admission but also permitted to appear in the First Semester Examination in

2 WP-3922-2024.odt B.Sc. Nursing Course. As such, it is claimed that the respondents are not entitled to refuse the eligibility.

3.

Issue notice before admission to the respondents, returnable on 31-7-2024.

4.

Shri D.P. Thakare, learned Additional Government Pleader, waives service of notice for the respondent No.1-State.

5.

Subject to the outcome of this petition, we permit the petitioner to appear for the Second Semester Examination in B.Sc. Nursing Course scheduled to be held from 11-7-2024 and direct the respondent No.3-University to make necessary arrangement for the said examination of the petitioner. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) LANJEWAR Signed by: Prashant D. Lanjewar Designation: Senior Pvt. Secretary Date: 03/07/2024 15:53:41