Bombay High Court
Sayali Ajay Sadafule And Ors vs Union Of India Through Ministry Of Ayush ... on 23 November, 2020
Author: G. S. Kulkarni
Bench: Dipankar Datta, G. S. Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION STAMP NO. 5903 OF 2020
Sayyad Alfiya Fatima Ikhlas & Ors. .. Petitioners
Vs.
Union of India, through its Secretary
Ministry of Ayush & Ors. .. Respondents
Mr. Girish Godbole a/w Mr. Rajaram V. Bansode for
petitioners.
Mr. Rajshekhar Gowilkar for respondent No.1-UOI.
Smt. Purnima Awasthi for respondent No.2.
Smt. R. A. Saluknkhe, AGP for respondent Nos.3 & 5.
Mr. S. S. Patwardhan for respondent No.4.
Mr. S. B. Shetye for respondent No.6.
Ms. Sheetal Ubale for respondent Nos.7 to 12.
WITH
WRIT PETITION STAMP NO. 94490 OF 2020
Sayali Ajay Sadafule & Ors. .. Petitioners
Vs.
Union of India & Ors. .. Respondents
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WITH
WRIT PETITION STAMP NO. 94496 OF 2020
Abhishek Balkrishna Phadtare & Ors. .. Petitioners
Vs.
Union of India & Ors. .. Respondents
WITH
WRIT PETITION STAMP NO. 94997 OF 2020
Isha Y. Gangawane & Ors. .. Petitioners
Vs.
Union of India & Ors. .. Respondents
Mr. Suryajeet P. Chavan a/w Aneish S. Jadhav for
petitioners.
Mr. Rajshekhar Gowilkar for respondent No.1-UOI.
Smt. Purnima Awasthi for respondent No.2.
Mr. B. V. Samant, AGP for respondent Nos.3 & 5.
Mr. S. S. Patwardhan for respondent No.4.
Mr. S. B. Shetye for respondent No.6.
Mr. Vaibhav A. Sugdare for respondent Nos.7 and 8.
CORAM: DIPANKAR DATTA, CJ. &
G. S. KULKARNI,J.
NOVEMBER 23, 2020.
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1. Maharashtra University of Health Science proposes to conduct the First Year B.H.M.S. examination from tomorrow. The petitioners in this set of writ petitions, who are students, seek direction on the University to permit them write such examination.
2. There is serious dispute as to whether all the petitioners were validly admitted to the course prior to 15th October, 2019. It is also placed before us by Mr. Patwardhan, learned advocate for the Admission Authority that the admissions of the petitioners were not notified to it, which invalidates their claim of admission.
3. In view of the serious opposition raised by the respondents as well as on perusal of the available records, we are not prima facie satisfied that a strong case for permission to write the examination is set up by the petitioners; hence, we do not propose to grant interim relief to them at this stage. However, we make it clear that in the event the petitioners succeed in their claims, the University may be directed to hold a separate examination for them.
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4. Having regard to the fact that careers of several students are involved, we direct such of the respondents who have not yet filed their affidavits to do so by 1 st December, 2020; rejoinder affidavits thereto, if any, may be filed by 7th December, 2020.
5. These writ petitions shall be listed for further consideration on 8th December, 2020.
6. This order will be digitally signed by the Sr. Private Secretary of this Court. All concerned will act on production by fax or e-mail of a digitally signed copy of this order.
G. S. KULKARNI, J. CHIEF JUSTICE Pravin D. Pandit Digitally signed by Pravin D. Pandit Date: 2020.11.24 10:25:43 +0530