Samir S/O Shishir Gokhale vs Maharashtra Animal And Fishery ...
2021 Latest Caselaw 375 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH : NAGPUR


                      WRIT PETITION NO.103 OF 2021


Samir s/o Shishir Gokhale,
aged 18 years, occupation : Student,
r/o D-2/002, Western Hills,
Survey No.45/1-2, SUS,
Pune-411021.                                             ...     Petitioner

                - Versus -

1)   Maharashtra Animal and Fishery
     Sciences University, Nagpur, through
     its Registrar, Futala Lake Road,
     Nagpur - 440001.

2)   The Director of Instructions and Dean,
     Faculty of Veterinary Sciences,
     Maharashtra Animal and Fishery
     Sciences University, Futala Lake Road,
     Nagpur - 440001.

3)   Indian Council of Agricultural Research,
     Agricultural Education Division,
     through the Assistant Director General
     (HRD), Krishi Anusandhan Bhawan-II,
     Pusa, New Delhi - 110012.                           ...     Respondents
                -----------------
Shri B.G. Kulkarni, Advocate for petitioner.
Shri A.R. Patil, Advocate for respondent nos.1 and 2.
Shri S.S. Ghate, Advocate for respondent no.3.
                ----------------
                                    CORAM : SUNIL B. SHUKRE AND
                                            AVINASH G. GHAROTE, JJ.

DATED : JANUARY 7, 2021

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ORAL JUDGMENT (PER AVINASH G. GHAROTE, J.) :

Rule, returnable forthwith. Heard finally by consent of

learned Counsel for the parties.

2) The present petition arises out of incorrect pin code

given on the courier's parcel, which contained hard copy of the

application of the petitioner.

3) The petitioner had applied for admission to the Bachelor

of Veterinary Science and Animal husbandry Course in N.R.I. quota

online on 22/11/2020. The hard copy of the application along with

relevant documents was to be received by the respondent no.3

Indian Council of Agricultural Research on or before 10/12/2020. As

the same was not so received, the candidature of the petitioner came

to be rejected.

4) Shri Kulkarni, learned Counsel for the petitioner,

submits that the hard copy of the application along with relevant

documents was in fact despatched through Blue Dart courier on

25/11/2020 itself and copy of the receipt is placed at page 56

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(Annexure "D") of the petition. The address on which the

application was to be despatched is given at page 42 of the petition.

However, on the Courier parcel containing the Hard Copy, though

the right address was put, pin code was incorrectly mentioned by

the petitioner as "110001" instead of "110012", which resulted in

parcel being delivered to some other Office of Indian Council of

Agricultural Research. However, the parcel was ultimately delivered

to respondent no.3 Indian Council of Agricultural Research on

20/12/2020. It is because of this hiccup by the Courier Agency that

the candidature of the petitioner, who is otherwise admitted to be

duly qualified on merits, has been rejected.

5) Shri Patil, learned Counsel for the respondent nos.1

and 2, submits that there are still five seats vacant in N.R.I. quota

and the petitioner is otherwise duly qualified for being granted

admission to the said Course on merits.

6) Considering the above position, rejection of the

candidature of the petitioner is accordingly set aside and the

respondents are directed to grant admission to the petitioner to the

aforesaid course. Rule is made absolute in terms of prayer clauses

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(i) and (ii) of the petition subject to deposit of costs of rupees five

thousand by the petitioner with the High Court Legal Services Sub-

Committee, Nagpur.

It is made clear that the present decision is based purely

upon facts of the matter and the same should not be considered as a

precedent.

            JUDGE                                                  JUDGE




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