Bombay High Court
Namrata Rajesh Chandrachud And Ors vs National Medical Commission And Ors on 21 December, 2022
Author: Sharmila U. Deshmukh
Bench: Nitin W. Sambre, Sharmila U. Deshmukh
(28, 29 & 44)-WP-13885-22 & group matters.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
CIVIL APPELLATE JURISDICTION
BALAJI
BALAJI GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL
WRIT PETITION NO.13885 OF 2022
Date:
2022.12.22
10:14:15
+0530
Sharvini Bhausaheb Sawant ..Petitioner
Versus
Maharashtra University of Health
Sciences and Ors. ..Respondents
WITH
WRIT PETITION NO.14811 OF 2022
Namrata Rajesh Chandrachud & Ors. ..Petitioners
Versus
National Medical Commission & Ors. ..Respondents
WITH
WRIT PETITION NO.13896 OF 2022
Yashashri Dhanaji Raut ..Petitioner
Versus
Maharashtra University of Health Sciences
Nashik & Ors. ..Respondents
WITH
WRIT PETITION NO.15186 OF 2022
Manasi Sanjay Sawant ..Petitioner
Versus
Union of India & Ors. ..Respondents
Mr. Sandeep Salunkhe, for the Petitioner in WP No.13885/2022 &
WP No.13896/2022.
Mr. Shaikh Nasir Mosin a/w Anand R. Kandoi & Kelvin Gala, for the
Petitioner in WP No.15186/2022.
Mr. V. M. Thorat i/by M. V. Thorat, for the Petitioners in WP
No.14811/2022.
BGP. 1 of 3
(28, 29 & 44)-WP-13885-22 & group matters.doc.
Mr. Ganesh Gole a/w Viraj Shelatkar, for the Respondent No.1 in WP
No.14811/2022 & WP No.15186/2022 & for Respondent No.3 in
WP No.13885/2022 & WP No.13896/2022.
Mr. Madhav Kulkarni, for Respondent Nos.4, 7, 13 in WP
No.14811/2022.
Mr. R. V. Govilkar a/w Shaba N. Khan, for Respondent No.3/MUHS
in WP No.14811/2022.
Mr. Rui Rodrigues a/w D. P. Singh, for Respondent No.2 in WP
No.14811/2022 & for Respondent No.1 in WP No.15186/2022.
Mr. Rajesh Tekale, for Respondent No.8 in WP No.14811/2022.
Mr. Abhishek Salian, for Respondent No.12 in WP No.14811/2022.
Mr. Nitin Dhumal, for Respondent No.15 in WP No.14811/2022 &
for Respondent No.2 in WP No.13896/2022.
Ms. Priyanka Patil, for Respondent No.3 in WP No.15186/2022.
Mr. Vikrant Dere i/by S. B. Shetye, for Respondent No.1 in WP
No.13885/2022 and WP No.13896/2022.
CORAM : NITIN W. SAMBRE &
SHARMILA U. DESHMUKH, JJ.
DATE : 21st DECEMBER, 2022 P.C.
1. Leave to amend to add additional grounds.
2. Mr. V. M. Thorat, counsel appearing for the petitioners insisted for grant of interim relief thereby permitting the petitioners to appear ensuing examination of first year MBBS as according to him, the examination commences from 18th January, 2023.
3. If the aforesaid submissions are appreciated in the backdrop of reliance placed by Mr. V. M. Thorat on the interim order of the Kerala High Court passed on 20th December, 2022, what can BGP. 2 of 3 (28, 29 & 44)-WP-13885-22 & group matters.doc.
be noticed is the Delhi High Court has already dismissed the similar prayer as has been made in the present petition. The issue is already subjudice before the Apex Court in Special Leave to Appeal (C) No.22716 of 2022 in which there is no interim protection ordered in favour of the petitioners, who are similarly placed like that of the present petitioners.
4. As such, we are of the view that the Court should not by ad-interim order permit the petitioners to appear for examination for which they are already held to be not qualified.
5. Awaiting judgment of the Apex Court in the aforesaid Special Leave to Appeal (C) No.22716 of 2022, we adjourn hearing of the present petitions to 13th January, 2023.
6. Mr. Rui Rodrigues waives for Union of India.
[SHARMILA U. DESHMUKH, J.] [NITIN W. SAMBRE, J.] BGP. 3 of 3