WP 165/11 with CA 1335/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.165/2011 WITH CIVIL APPLICATION NO.1335/2011 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri S.K. Chavan, Advocate for petitioner. Shri V.D. Godbharle, AGP for respondent no.1. Respondent no.2 served. Shri D.R. Irale Patil, Advocate for respondent nos.3 & 4. CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. Date: 07.04.2011 Heard learned counsel for the respective parties. By this writ petition, the petitioner is seeking direction to respondent no.2 – the Director General, Maharashtra Council of Agricultural Education and Research, Pune, to give admission to the petitioner for Ph.D. in Agronomy under respondent no.4 – Marathwada Agricultural University, WP 165/11 with CA 1335/11 2 Parbhani. Learned counsel for the petitioner, on instructions, submits that the petitioner would be satisfied if respondent no.2 is directed to consider the petitioner’s representation dated 30.11.2010 seeking admission on the vacant seat, which is reserved for OBC category, on merits in accordance with law and in that case, he has instructions not to press this writ petition. After having considered overall facts and circumstances of the case and the prayers made in the writ petition so also the submissions advanced by learned counsel for the petitioner, we are satisfied that this petition can be conveniently disposed of by the following order. It is open to respondent no.2 to consider the petitioner’s representation dated 30.11.2010 in accordance with law / rules for allotting the seat from OBC category, which has now become vacant in view of cancellation of the admission of one Mr.S.K. Raskar, or on other vacant seat, if any. We WP 165/11 with CA 1335/11 3 make it clear that the petitioner’s claim shall not be considered out of turn or denying the right of OBC candidate, if any. If there are other candidates seeking admission on the vacant seat/s, the case of the petitioner and other candidates be considered on merits. We hope respondent no.2 shall take the decision expeditiously. While making these observations, we shall not be understood to have issued any directions on merits. In view of above, Civil Application No. 1335/2011 does not survive and disposed of as such. (M.T. Joshi, J.) (D.B. Bhosale, J.) Dt/- 07.04.2011 ndk/c74116