Bombay High Court
Vinita Umesh Singh vs The Administator, Dadara And Nagar ... on 1 February, 2021
Author: Surendra P. Tavade
Bench: S.C. Gupte, Surendra P. Tavade
Chittewan 1/3 42. Cont. Pet. St.1417 of 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION (ST.) NO.1410 OF 2021
Digitally signed
by Rajesh V.
IN
Rajesh V.
Chittewan
Chittewan
Date: 2021.02.02
11:48:08 +0530
WRIT PETITION (ST.) NO.96105 OF 2020
Vinita U. Singh ... Petitioner
Versus
Administrator, Dadra Nagar Haveli
And Others ... Respondents
....
Mr. Pradeep J. Thorat a/w Mr. Aniesh S. Jadhav for the Petitioner.
Mr. H.S. Venegaonkar for the Respondents.
....
CORAM : S.C. GUPTE AND
SURENDRA P. TAVADE, JJ.
DATE : 1 FEBRUARY 2021 P.C. . This contempt petition alleges a deliberate breach or
disobedience of an order passed by this court on 17 December 2020 in Writ Petition (L) No.96105 of 2020. The Petitioner, who is domiciled in Dadra & Nagar Haveli, applied for admission to the MBBS Course for the academic year 2020-21 in the Union Territory of Dadra & Nagar Haveli. She appeared for NEET-2020 and secured a high score of 502 marks out of 720 marks. There was only one college in the Union Territory, known as 'NAMO Medical Education and Research Chittewan 2/3 42. Cont. Pet. St.1417 of 2021.doc Institute at Silvassa (Respondent No.4), offering MBBS course. Under admission prospectus 2020-21, issued by the Union Territory Administration, there was a condition relating to passing of examinations from 8th standard to 12th standard from a recognized school in the Union Territory; only such candidates qualified in NEET were eligible for MBBS course on first priority basis. The Petitioner objected to this condition. It was her case that she had studied upto 8th standard from a school at Vapi, Valsad in Gujrat, but her further studies from 9th to 10 standard were in the Union Territory, Dadra & Nagar Haveli at Silvassa. After considering the matter at a couple of hearings, this court, by its order dated 17 December 2020, directed the Respondents to admit the Petitioner to 1 st year MMBS course for the academic year 2020-21 by considering her case as qualifying for first priority under Rule 4(a) of the admission prospectus. Rule was made absolute and the petition was allowed in those terms. It is the grievance of the Petitioner in the present contempt petition that despite this specific order passed on her writ petition, she has not been given admission on first priority basis.
2 Learned Counsel appearing for the Respondents states that subject to Respondent No.4-college complying with the admission formalities in respect of the Petitioner, the Administrator of the Territory has no objection to the Petitioner being allowed to attend classes of 1st year MBBS course at the college and all facilities applicable to regular students of MBBS course shall be made extended Chittewan 3/3 42. Cont. Pet. St.1417 of 2021.doc to the Petitioner.
3 We, accordingly, dispose of the present contempt petition by directing Respondent No.4-college to complete admission formalities in respect of the Petitioner and allow the Petitioner to attend 1 st year MBBS classes forthwith. The Respondents are directed to treat the Petitioner as having been admitted on priority basis in Respondent No.4-institute and accordingly she would be extended all facilities of regular students of MBBS.
4 The court is informed that the matter has been carried to the Supreme Court by the Respondents by way of an SLP (SLP (Civil) No.1293 of 2012). Admission of the Petitioner and her attendance at the institute shall of course be subject to the outcome of this SLP.
5 The parties to act on an authenticated copy this order.
6 Learned Counsel for the Respondents shall communicate this order to Respondent No.4, who shall permit the Petitioner to attend classes from tomorrow, i.e. 2 February 2021.
7 The Contempt Petition is disposed of accordingly.
(SURENDRA P. TAVADE, J) (S.C. GUPTE, J.)