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2021 Supreme(Bom) 1569

SUNIL B.SHUKRE, ANIL L.PANSARE
Aaryan – Appellant
Versus
State Common Entrance Test Cell, Maharashtra – Respondent


Advocates appeared:
Ashwin Deshpande, Advocate, N.A.Gaikwad, Advocate, D.P. Thakre, Advocate

JUDGMENT

Sunil B. Shukre, J. - Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

3. Learned counsel for the petitioner submits that the facts of present case are different than the facts of the other cases, which have been dismissed by this Court, wherein similar prayer for issuance of direction to the State Common Entrance Test Cell for granting admission to the petitioner to engineering course was sought. According to him, the petitioner being vigilant about the fact, had approached this Court by filing a petition being Writ Petition No.3634 of 2021, which was finally decided by this Court on 21st September, 2021 directing the Scrutiny Committee to decide the tribe claim of the petitioner within four weeks, in accordance with law. He submits that now if the Scrutiny Committee has not decided as directed and has kept the tribe claim of the petitioner pending, the petitioner must not be denied admission to the engineering course.

4. Shri Gaikwad, learned counsel for respondent No.1, submits that as per the rules of admission, as contained in information brochure (clause-17), there is a prohibition for granting admission to

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