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2021 Supreme(Bom) 1002

SUNIL B.SHUKRE, AVINASH G.GHAROTE
Vanshika – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
C.B. Dharmadhikari, Advocate, A.A. Madiwale, Advocate, N.S. Khubalkar, Advocate, B.G. Kulkarni, Advocate

JUDGMENT

Avinash G. Gharote, J. - Heard. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.

2. By the present petition, a direction is claimed against the respondent no.4 and other respondents, to admit the petitioner in the BAMS Course with the respondent no.4 College. The basis for such a plea as submitted by Mr. C.B. Dharmadhikari, learned Counsel for the petitioner, is as under :-

(A) The petitioner belongs to OBC category and caste validity certificate, has been issued to her by the Competent Authority.

(B) The petitioner was desirous of taking admission in BAMS Course after completing her HSSC.

(C) The eligibility criteria for Open category which according to the petitioner, was not applicable to her, is securing of at least 50% marks in the subjects of Physics + Chemistry + Biology ("PCB" for short hereinafter) in the HSSC examination, i.e. minimum of 150 marks out of 300.

(D) The eligibility criteria for OBC candidates, which the petitioner claims to be applicable to her, is securing at least 40% marks in the PCB subjects in the HSSC examination, i.e. minimum 120 marks out of 300.

(E) The petitioner scored 142 marks out of

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