Sadashiv More vs State Of Maharashtra And 3 Ors
2021 Latest Caselaw 9915 Bom

                                                        14-WPL-15959-2021.doc

Shivgan
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              ORDINARY ORIGINAL CIVIL JURISDICTION

                   WRIT PETITION (L) NO.15959 OF 2021


     Sadashiv More                                    ...Petitioner

             Versus

     State of Maharashtra & Ors.                      ...Respondents

                                     ----------
     Mr. Kunal Damle for the Petitioner.
     Ms.    P.H.Kantharia,  Government               Pleader           for       the
     State/Respondent No.1.
     Mr. Rui Rodrigues for the Respondent No.3.
     Mr. Amit Sale for the Respondent No.4.
                                     ----------

                                      CORAM : R.D. DHANUKA &
                                              R.I. CHAGLA, JJ.

                                          DATE          : 28 July 2021

     ORDER :

1 Leave to amend is granted to implead the State-

CET Cell as respondent no.5. Amendment shall be carried

out forthwith. A copy of the petition shall be served on the

newly added party by tomorrow with the request to remain

present before this Court on 4th August, 2021.

2 Our attention is invited to the judgment of this

14-WPL-15959-2021.doc

Court delivered on 27th June, 2019 by the Division Bench of

this Court in Writ Petition No.1441 of 2014 fled by Shobha

@ Neha Bhimrao Buddhivant v. The Bar Council of

India and Ors. holding that 'it is unjust that the candidate

concerned is still required to pass the basic eligibility of

H.S.C. from recognized Board/University despite completing

graduation from Open University'. This Court in the said

judgment has held that the issue has been answered in the

case of G.S.Jagadeesh vs. The Chairman in Writ Petition

No.32984 of 2016 delivered by the Full Bench of the High

Court of Madras. In our prima-facie view, issue involved in

this petition is covered by this decision.

3 Mr. Amit Sale, learned counsel appearing for the

respondent no.4 seeks time to take instructions and verify

whether issue involved in this petition is covered by the said

judgment of this Court in Shobha @ Neha Bhimrao

Buddhivant (Supra) and whether SLP has been fled by

the Bar Council of India or by any other party is pending

before the Hon'ble Apex Court.

14-WPL-15959-2021.doc

4 Since last date for flling up form appearing for

examination to be conducted by the CET for the Three Years

LL.B. course, we allow the petitioner to fll up the said form,

however, without prejudice to the rights and contentions of

the respondents. If the form is submitted by the petitioner

within prescribed time, petitioner will be subject to further

orders as passed by this Court on the next date of hearing.

If any adverse order is passed against the petitioner, no

equity shall be claimed by the petitioner.

List the Petition on 4th August, 2021.

 [R.I. CHAGLA J.]                              [R.D. DHANUKA, J.]