1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6654 OF 2010 Vijay s/o Sakharam Kasbe ... PETITIONER VERSUS The State of Maharashtra & ors. ... RESPONDENTS ..... Shri G.V. Mohekar, Advocate for the petitioner Shri K.J. Ghute Patil, A.G.P. for respondent No.1 Shri K.C. Sant, Advocate for respondent Nos.2 & 3. ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 27th July, 2010 PER COURT ): 1. This is a petition under Article 226 of the Constitution of India, by which the petitioner prays for issuance of a writ of mandamus directing the respondent Nos.2 and 3 to grant admission to the petitioner for the course of Diploma in Opthalmic Assistant for the academic year 2010-2011 in the respondent No.3 College. 2. We have heard Mr. Mohekar, learned counsel for the petitioner, learned A.G.P. on behalf of respondent No.1 and Mr. Sant, learned counsel on behalf of respondent Nos.2 and 3. Mr. Sant has produced before us a copy of the advertisement issued by the 2 respondents, inviting applications for admission to the course i.e. Diploma in Optometry. As per the said advertisement, the eligibility which is prescribed is that the candidate should have passed 12th Standard examination/ C.B.S.E. or equivalent with Physics, Chemistry and Biology with at least 45% marks for open candidate and 40% marks for the candidates belonging to the reserved category. Mr. Sant further states that from this academic year, the eligibility criteria have been amended so as to restrict it to the candidates who have passed 12th Standard examination from Science stream. Undisputedly, the petitioner has passed 12th Standard from Arts stream. 3. Mr. Mohekar states that, for the previous academic year, the petitioner had been granted admission, but could not join the course on account of certain family difficulties. As pointed out by Shri Sant, the eligibility criteria have been amended from this academic year, grant of admission to the petitioner for the previous academic year is of no consequence since the petitioner is ineligible. This petition is devoid of any merits and same is summarily dismissed with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.) fmp/wp6654.10