Supreme Court - Daily Orders
Pranjali Bhalchandra Shirsat vs The State Of Maharashtra And Ors. on 2 September, 2016
Bench: Chief Justice, A.M. Khanwilkar
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ITEM NO.35 COURT NO.1 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 24910/2016
(Arising out of impugned final judgment and order dated 19/08/2016
in WPL No. 2234/2016 passed by the High Court Of Bombay)
PRANJALI BHALCHANDRA SHIRSAT Petitioner(s)
VERSUS
STATE OF MAHARASHTRA AND ORS. Respondent(s)
(with appln. (s) for exemption from filing c/c of the impugned
judgment and exemption from filing O.T.)
Date : 02/09/2016 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
For Petitioner(s) Mr. Praasenjit Keswani, adv.
Mr. Manu Beri, Adv.
Mrs V. D. Khanna,Adv.
For Respondent(s) Mr.Nishant R.Katneshwar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel for the petitioner submits that the petitioner has a Non-Creamy Layer Certificate issued in her favour as early as on 08.08.2016. He contends that although two earlier rounds of counselling have already been concluded which may have led to the admission of candidates lesser in merit than the Signature Not Verified petitioner, yet the petitioner would be satisfied if this Court Digitally signed by SHASHI SAREEN Date: 2016.09.06 16:13:13 IST Reason: were to direct her consideration against the seats available in the third round of counselling without in any manner disturbing or 2 upsetting the admissions already granted in OBC and other categories.
Learned counsel for the State of Maharashtra submits that while it is not disputed that the petitioner is an OBC category candidate and today has a Non-Creamy Layer Certificate yet the said certificate had not been produced at the appropriate stage. It may not, therefore, be proper to entertain her claim in that category at this stage. He however fairly concedes that there is no doubt about the petitioner being a Non-Creamy Layer OBC person. In that view, therefore, we see no reason why without disturbing the admissions already granted to the candidates in OBC and other categories, the candidature of the petitioner cannot be considered. We accordingly direct that the petitioner shall be considered for admission against seats available for OBC (Non-Creamy Layer) candidates in the third and subsequent rounds of counselling. Admission so granted shall be subject to the outcome of this special leave petition.
(Shashi Sareen) (Veena Khera) AR-cum-PS Court Master