ABHIJIT BHAGWAT KHEDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This review application is filed by Applicant/Petitioner seeking review of our order dated 15 th April 2024, whereby this Court had dismissed the writ petition filed by the Applicant/Petitioner, who was denied admission to Ph.D. course conducted by Respondent Nos.2 to 4-College.

(2.) The learned counsel for the Review Applicant/Petitioner-Mr. Abhijit V. Jangale submitted that in paragraph 11 of the impugned order, it is observed that even if Petitioner's score in CIS exam held is to be considered then his percentage would improve marginally from 49 to 51.6% which is less than 55% required for pursuing the Ph.D. course, and therefore, even on this count, the attempt of the Petitioner becomes infructuous. The learned counsel submitted that the Applicant/Petitioner had made an application to Respondent No.2- Collage under the category Nomadic Tribes (NT). He submitted that cut off percentage for the Ph.D. course is 55% unless a candidate is from a reserve category in which case relaxation of 5% is given and since the Applicant/Petitioner falls under Other Backward Class (O.B.C.), the findings made in paragraph 11 is erroneous. The learned Counsel relied upon Circular No.152 of 2024 dtd. 9/7/2024 for Ph.D. course issued by Savitribai Phule Pune University and submitted that the relaxation of 5% is required to be given to the Applicant/Petitioner also. The learned counsel further submitted that as per UGC regulation, the entrance exam for Ph.D. course should consist of 60 marks, whereas Respondent No.2-College is conducting exam for only 50 marks which is contrary to the said UGC regulation and, therefore, even on this ground seeks review of the impugned order.

(3.) The learned counsel for the Respondent Nos.2 to 4 has vehemently opposed the review application on the ground that the Petitioner is seeking to urge new grounds which were not argued at the time of the hearing and, therefore, the review petition is required to be dismissed.