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2019 Supreme(Bom) 1682

S.C.DHARMADHIKARI, G.S.PATEL
Dattakala College Of Pharmacy – Appellant
Versus
State of Maharashtra Through its Department of Higher and Technical Education Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V.M. Thorat, with Mr. M.V. Thorat & Mr. Anukul Seth.
For the Respondent: Mr. Rui Rodrigues, Mrs. A.A. Purav.

JUDGMENT :

G.S. Patel, J.

The 1st Petitioner is a pharmacy, college. Petitioners Nos. 2 and 3 seek lateral admission directly to the second year of the Bachelor of Pharmacy (“B. Pharm”) degree course, both having completed their two-year diploma course. The 1st Respondent is the State of Maharashtra. The 2nd Respondent is the Directorate of Technical Education. The 3rd Respondent is the State Common Entrance Test (“CET”) Cell, Mumbai and the 4th Respondent is the Admissions Regulatory Authority in Mumbai.

2. The challenge in this Writ Petition under Article 226 of the Constitution of India is to the alleged denial to Petitioners Nos. 2 and 3 of the benefit of an Economically Weaker Section (“EWS”) reservation of 10% to the B. Pharm degree course in the second year. The prayers in the Petition reads thus:

    (a) call for the relevant records and proceedings from the office of the Respondent Authorities and after going into the legality of the same, direct the Respondent No. 3 to allow the Petitioner No. 1 to admit the Petitioner Nos. 2 and 3 against the EWS vacant quota as per Rule No. 13(h) of the information brochure published by the Respondent No. 3 to Full Time Direct 2nd Year of Pharm

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