Kshitija D/O Bharat Joge vs The Civil Surgeon, District ...
2017 Latest Caselaw 867 Bom

                                                        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.

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.)

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