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2018 Supreme(Bom) 356

T.V.NALAWADE, SUNIL K.KOTWAL
Tejaswini – Appellant
Versus
State of Maharashtra. Through its Secretary, Medical Education & Drugs Department – Respondent


Advocate Appeared:
For the Petitioners:S.S. Thombre, Advocate.
For the Respondents:Y.G. Gujarati, Assistant Government Pleader, M.D. Narwadkar, V.J. Dixit, Senior Counsel with Shri. L.V. Sangit, V.V. Deshmukh, S.K. Kadam, K.M. Suryawanshi, Advocates.

JUDGMENT :

T.V. Nalawade, J.

1. Rule in both the petitions. Rule made returnable forthwith. By consent heard both the sides for final disposal.

2. The petitioner from the first proceeding had appeared for Asso-CET 2012 for seeking admission in private medical college from Maharashtra State for MBBS course. She secured 153 marks out of 200 marks and she was from open category. She could not get admission in "Common Admission Process" (CAP) round. After CAP round, seats remained vacant in almost all medical colleges running MBBS course. There were vacant seats in the college run by respondent management also. First time in the letter dated 15-9-2012 Pravesh Niyantran Samiti (in short, PNS) gave permission to private colleges to fill vacant seats as per the time schedule given by PNS with the letter. It is the case of the petitioner that the said procedure was not followed by respondent management and before the last date fixed for completion of the process and publishing the list, the respondent management completed its process and published the list on 20-9-2012. It is the case of
































































































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