Bombay High Court
Shivani Vyankusa Malji vs The State Of Maharashtra Thr The ... on 25 February, 2022
Author: Amit Borkar
Bench: Sunil B. Shukre, Amit Borkar
902-aswp194-2022.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 194 OF 2022
Shivani Vyankusa Malji ... Petitioner.
V/s.
The State of Maharashtra, through
the Secretary & Others ... Respondents.
Mr. Rajaram V. Bansode for the Petitioners.
Mrs. S. S. Bhende, AGP for the Respondent-State.
Mr. Chetan Patil for Respondent Nos. 3 and 4.
Ms. Sarika Shetye i/b Mr. S. B. Shetye for Respondent No.5.
Ms. Sheetal M. Ubale for Respondent Nos.6 and 7.
CORAM : SUNIL B. SHUKRE, AND
AMIT BORKAR, JJ.
DATE : 25th FEBRUARY 2022.
P.C. :
1. Heard.
2. The admission of the Petitioner to BHMS course conducted by Respondent Nos. 6 and 7 was initially not approved on the ground that the Petitioner had not submitted Leaving Certificate / Transfer Certificate at the time of taking admission. However, considering this Digitally signed by RAJESHWARI RAJESHWARI SUBODH SUBODH defect as minor and noting the fact that the defect was subsequently KARVE KARVE Date:
removed by the Petitioner on 17th March 2021, this Court 2022.02.25 13:38:00 +0530 1/3 902-aswp194-2022.doc provisionally protected the admission of the Petitioner. Since the defect has been removed, though belatedly, we do not see any difficulty in directing Respondent No. 3 to approve the admission of the Petitioner BHMS course run by Respondent Nos. 6 and 7.
3. Accordingly, we direct the Respondent No. 3 to grant its approval. So, prayer clauses (a), (b) and (c) of the petition are satisfied.
4. As regards issuance of direction to the University for accepting the examination form of the Petitioner for First Year BHMS course (prayer 'd'), learned Counsel for Respondent No. 5 - University submits that the Petitioner has not submitted Migration Certificate and, therefore, the Petitioner cannot be permitted to appear at the examination.
5. Learned Counsel for Respondent Nos. 6 and 7 submits that admission form is already submitted to the University and the College has not so far received any communication from the University regarding non-submission of the Migration Certificate.
Learned Counsel for the University states that the submission of the learned Counsel for Respondent Nos. 6 and 7 is incorrect. She submits that on 30th September 2021 itself the University had informed the College that the Petitioner had not submitted original Migration Certificate.
6. Learned Counsel for the Petitioner seeks some time for taking 2/3 902-aswp194-2022.doc instructions regarding submission of the Migration Certificate by the Petitioner and to make a statement regarding submission or non-sub mission of the Migration Certificate and in case statement for submission of Migration Certificate is to be made, it shall also be made together with information regarding the date on which it is submitted.
7. Keep the matter back. To be called out at 2.30 pm. (AMIT BORKAR, J.) (SUNIL B. SHUKRE, J.) 3/3