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wp1784.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

WRIT PETITION (L) NO. 1784 OF 2015

....Petitioner

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Mr. Shubham Dutt

Versus
The Covenor, CLAT 2015 (UG) Exam & Ors.

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ORDINARY ORIGINAL CIVIL JURISDICTION

...Respondents.

.
Mr. Kevic Setalvad, Sr. Advocate a/w Ms Pooja Thorat a/w Mr Sumit
Patni i/b Mr. Som Sinha, for petitioner.
.

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CORAM : ANOOP V. MOHTA &

V. L. ACHLIYA, JJ.

DATED : JUNE 20, 2015.

P.C.:
Heard.

Issue notice of final disposal to the respondents,

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returnable on 23rd June, 2015.

The petitioner after clearing his Class-12th Board examination

by securing 94.15% from the Maharashtra Higher Secondary State

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Board, has given examination of Common Law Admission Test, 2015

(CLAT, 2015). Result of the same was declared on 20 th May, 2015.

The petitioner has secured a rank 258 in the CLAT, 2015. On 6 th June,
2015, the revised list was published and respondent No. 1 issued a
notification because of complaints so received.

Because of the

notification, the petitioner's rank fell from 258 to 278. On 9 th June, 2015
respondent No. 1 published first indicative seat allocation list.

The

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petitioner filed its representation / objection on 10th June, 2015 in respect

No hearing was given to the petitioner by

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respondents. The petitioner waited for the same.

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of the 7 questions.

A petition was filed in Kerala High Court at Ernakulam on 15 th

3.

June, 2015, on the basis of similar objection raised by the petitioner

therein. Interim order was passed against respondent No. 1. However,

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as stated, in non-compliance of the same, on 15 th June, 2015 itself 2 nd list

was published without considering the objections so raised.

The

petitioner being resident of Mumbai, approached this Court on 19 th June,

2015. In view of urgency so expressed by the Counsel for the petitioner,
the present matter is kept today i.e. 20th June, 2015, in Chamber. 3rd list

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will be declared by respondent No. 1, on 21st June, 2015.

If the

petitioner's objections are accepted / considered, he will be in a position

to get the admission in desired college as per the procedure so

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announced, though the petitioner submitted fees under protest.

The declaration so filed by petitioner on 21 st May, 2015 is as

under :
I understand that my admission shall be subject to the
verification of the documents by the allotted NLU(s) in respect of my
claims about eligibility and reservation, if any. I also understand that my
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admission in case of my age exceeding 20 years (22 years in case of

The respondent No. 1 has already

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appropriate court in this matter.

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SC/ST/PWD) shall be provisional and subject to final decision of the

declared that the allotment / admission shall be subject to outcome of the

petition.

4.

Due to heavy rain in Mumbai, the State as well as High Court

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of Bombay declared holiday on Friday i.e. 19 th June, 2015. 20th June,

2015 was the working Saturday but due to the same reason, it has also

been declared as Holiday. Therefore, in view of urgency so expressed by

the learned Counsel appearing on behalf of the petitioner, the matter is

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kept on 20th June, 2015 in Chamber.

5.

On Friday, this Court permitted the petitioner to serve copy of

the petition on the contesting respondent No. 1. The statement is made

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that, office of respondent No. 1 has refused to accept copy of the writ
petition. The petitioner undertakes to file affidavit of service by Monday.

However, pursis is filed today stating therein about rejection of service by

respondent No. 1.

6.

Learned Counsel appearing for the petitioner took us through

the averments so made including their statement referring to the 7

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questions. As the other side is absent and this matter requires urgent

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attention of all the concerned, we are inclined to give one more

question so raised by the petitioner.

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opporunity to the respondents to place before us the decision on the

The submission is that as the

averments and statements made by the petitioner are similar to the to the
objection so raised in the judgments so cited (2005) 13 SCC 749 and
2002(3) Bom CR 219 and in such matters to avoid further complications,

stayed immediately.

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it is desirable that further proceedings referring to the final list needs to be

Therefore, at this stage, keeping all points open

including contentions raised by the petitioner, we are inclined to keep this

matter on 23rd July, 2015 (HOB) for final disposal.

As office is closed today, we direct the parties to act on the

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7.

basis of authenticated copy / steno copy of this order.

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8.

Parties are at liberty to communicate this order by all possible

modes in addition to regular mode of service. Hamdast is also permitted.

(V. L. ACHLIYA, J.)

(ANOOP V. MOHTA, J.)

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