Bombay High Court
Akansha Shyamlal Kanojiya vs The State Of Maha., Thr. Director, ... on 4 May, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.1492 OF 2022
Miss Akansha Shyamlal Kanojiya, Aged
about 21 years, Occ Student, R/o Plot
No. 197, Guru Teg Bahadur Nagar, Nari
Road, Near Manas Mandir, Nagpur - 26
... PETITIONER
VERSUS
1. The State of Maharashtra, through
its Director, Directorate of Medical
Education and Research, Govt.
Dental College and Hospital Building
4th floor, St. George's Hospital
Compound, P D'Mello Road, Fort,
Mumbai - 01
2. Admission Regulating Authority,
Maharashtra State, through its
Chairman, 9th floor, New Excelsior
Building, A.K. Nayak Marg, Fort,
Near CSMT, Mumbai 400001 (M.S.)
3. Maharashtra University of Health
Sciences, through its Registrar,
Mhasrul, Vani Dindori Road, Nashik
- 422004
4. Datta Meghe College of Nursing,
through its Principal, Hingna Road,
Wanadongri, Nagpur - 10
... RESPONDENTS
::: Uploaded on - 06/05/2023 ::: Downloaded on - 07/05/2023 10:14:32 :::
2
______________________________________________________________
Shri P.A. Jibhkate, Advocate for the petitioner.
Shri Kadukar, A.G.P. for the respondent/State.
Shri N. Gaikwad, Advocate for respondent no.2.
Shri Abhijit Deshpande, Advocate for respondent no.3.
Ms. P.V. Gaharaati Singh, Advocate for respondent no.4.
______________________________________________________________
CORAM : VINAY JOSHI AND BHARAT P. DESHPANDE, JJ.
DATED : 04/05/2023.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
RULE. Rule made returnable forthwith.
2. Heard finally by consent of learned Counsel appearing for
the respective parties.
3. The petitioner secured admission through National
Eligibility Cum Entrance Test (Under Graduate) (NEET-UG) in second
round for the basic B.Sc. (Nursing Course). The petitioner failed to
submit her caste validity certificate on or before cut off date i.e.
31.01.2019, therefore, respondent no. 2 Admission Regulating
Authority has not approved the admission. The petitioner has obtained
caste validity certificate on 31.01.2019, which she tendered with the
College on the very day. It is the petitioner's contention that respondent
no. 2 vide Circular dated 22.10.2019 has extended the period for
removal of lacunae, and therefore, her submission of caste validity
ought to have been considered. It is the respondent's contention that
the Circular does not permit to extend the period but it is for some
other purpose.
4. The petitioner would submit that in similar circumstances,
this Court in Writ Petition No.10361 of 2018 vide order dated
19.12.2022 has regularized the similar admission.
5. The petitioner has complete three years and by virtue of
order of this Court, result was declared and was permitted to appear
for IVth year. By the time, the petitioner has also complete IV th year
examination. It is the petitioner's contention that on approval and
declaration of her result, she would be eligible for further education
course.
6. Basically, the petitioner has caste validity certificate for
which there is no dispute. It reveals that though the petitioner has
immediately submitted the caste validity with the College however it
was not received by the respondent no.2 within stipulated period. Apart
from the technicalities, we deem it appropriate to hold that the
petitioner is entitled for the relief as claimed as the petitioner has
completed the entire course.
7. The Writ Petition is allowed. The impugned order dated
30.12.2021 passed by the respondent no.1 is hereby quashed and set
aside. We hereby direct the respondent no.2- Admission Regulating
Authority, Maharashtra State to regularized the petitioner's admission
and result be declared.
8. The petition stands disposed of in above terms. Rule is
made absolute. No order as to costs.
(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.)
Trupti
