High CourtsSingle Bench(2018) 02 BOM CK 0124

Antakshari Rajendra Mohod & Ors. vs The State of Maharashtra & Ors.

Bombay High Court · Decided on 6 February 2018

HON’BLE JUDGES
R. K. Deshpande, M.G.Giratkar
CASE NUMBER
1800 of 2017

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Judgment

28 paragraphs · 305 words
1.

Rule made returnable forthwith.

Heard finally by consent of the learned counsels

appearing for the parties.

2.

It is not in dispute that the controversy involved

in the present petition is covered by the decision of the

Division Bench of this Court delivered on 27.06.2016 in Writ

Petition No. 4321 of 2015 and other connected matters.

3.

The question involved is of the applicability of the

Government Resolution dated 30.03.2015 to the cases of the

students who were admitted during the academic year

2014-15. This Government Resolution disentitles the

students who are admitted in the seats left over after the

centralized admission process from Other Backward Class

and Nomadic Tribes categories. This Court has held in the

aforestated judgment that the Government Resolution

cannot be made applicable to the admissions given prior to it

which shall be regulated by Government Resolution dated

04.03.2014. The relevant portion contained in paragraph

No.18 of the said decision is reproduced below.

"18. Petitioners in Writ Petition No. 4321/2015 are admitted in the academic year 2014-15. Their education is being affected due to rider added vide government resolution dated 30.03.2015. Thus, reasons which promoted this Court to allow Writ Petition No. 4822/2013 partly on 18.07.2014, apply in case of these petitioners. It therefore, follows that the said rider added on 30.03.2015, can not be attracted and apply to the admissions given prior to it and petitioners admissions continue and shall be regulated by government resolution dated 04.03.2014".

4.

In view of above, the Government Resolution

dated 30.03.2015 shall not be applied to the cases of the

students who were admitted during the academic year

2014-15 against the seats reserved for Other Backward

Class and Nomadic Tribes categories to which the petitioners

in the present petition belong.

Rule is thus made absolute in these terms. No

order as to costs.