1 wp4051.13.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.4051/2013
Kshitija Bharat Joge,
aged 19 years, Occ. Student,
r/o Nainabagh Ward, Plot No.16,
Borkar Layout Chandrapur. .....PETITIONER
...V E R S U S...
1. The Civil Surgeon,
District Hospital Ward,
Chandrapur.
2. The Deputy Director (Nursing),
Public Health Department, St. George
Hospital, Arogya Bhavan, Mumbai. ...RESPONDENTS
---------------------------------------------------------------------------------------------------
Smt. U. R. Tanna, Advocate for petitioner.
Smt. T. Udeshi, A.G.P. for respondent Nos. 1 and 2.
--------------------------------------------------------------------------------------------------
CORAM:- SMT. VASANTI A. NAIK AND
V. M. DESHPANDE, JJ.
DATED :- MARCH 20, 2017 ORAL JUDGMENT (Per : Smt. Vasanti A Naik, J.) By this writ petition, the petitioner seeks a direction against the respondents to admit the petitioner in the Nursing Midwifery Course in the academic session 2013-14 against the seat reserved for the Nomadic Tribes.
The petitioner was not admitted to the Nursing Midwifery Course in the academic year 2013-14 solely on the ground that the petitioner had not produced the non creamy layer certificate at the time of interview but had produced the same after the interview was completed.
::: Uploaded on - 21/03/2017 ::: Downloaded on - 22/03/2017 01:06:06 :::
2 wp4051.13.odt Since we had found that the petitioner has a prima facie case, we had directed the respondents to admit the petitioner in the first year of Nursing Midwifery Course in the year 2013-14. It is most likely that the petitioner must have completed the said course. In any case, since the petitioner had produced the non creamy layer certificate immediately after her interview was completed and since the petitioner was admitted to the course in the year 2013-14, the relief sought by the petitioner needs to be granted.
The purpose of filing the writ petition appears to have been served as the petitioner was admitted to the course in the year 2013-14 by directing the respondents to accept her non- creamy layer certificate. As the petitioner possessed the non- creamy layer certificate and she had submitted the same to the respondents, we make the rule absolute in terms of our interim order dated 27.08.2013. No order as to costs.
(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.) kahale ::: Uploaded on - 21/03/2017 ::: Downloaded on - 22/03/2017 01:06:06 :::