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2021 Supreme(Bom) 1322

RAVINDRA V.GHUGE, S.G.MEHARE
Shaikh Ainashwa Mohd. habeebuddin – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
V.D.Hon, Advocate, A.V.Hon, Advocate, P.S.Patil, Advocate, K.C.Sant, Advocate, M.D.Narwadkar, Advocate

JUDGMENT

1. We have considered the strenuous submissions of the learned Sr. Advocate for the petitioner and the learned Advocate for respondent Nos.1 to 3 and 5. Though this matter was heard for more than one hour, the learned Advocate for respondent No.4/Management has not appeared before the Court.

2. The petitioner, a student of B.H.M.S. Course, purportedly admitted on 12/10/2019 in the respondent No.4 college, has put forth prayers B, C, D and E as under :-

"B. Issue a writ of certiorari or writ in the nature of certiorari to quash and set aside the communication dated 31/08/2020 of the Director of AYUSH, Maharashtra State, Mumbai to the extent of the petitioner holding that the petitioner is not eligible for admission to B.H.M.S. Course.

C. Issue a writ of mandamus or writ in the nature of mandamus to the respondents to hold and declare that the petitioner is eligible for admission to B.H.M.S. course as she complies with the NEET-UG eligibility criteria applicable to the O.B.C. category student and the petitioner be permitted to pursue the course and appear for the examination of B.H.M.S. Course.

D. Pending the hearing and final disposal of this writ petition grant stay to the oper

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