Association Of Management Of Homoeopathic Medical Colleges Of Maharashtra Through Dr.D.Bagal And An v. The State Of Maharashtra Through Its Dept. Of Medical Education And Drugs And ORS

Tauseef 17.2-IA.2093.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2093 OF 2021 IN WRIT PETITION NO.8128 OF 2015 WITH WRIT PETITION NO.8130 OF 2015 IN INTERIM APPLICATION NO.2097 OF 2021 Association of Management of Homeopathic Medical Colleges of Maharashtra Through Dr. D. Bagal & Anr.

...Applicants V/s.

The State of Maharashtra & Ors.

...Respondents

Ms. Pooja V. Thorat a/w Mr. A. B. Seth i/by. Mr. M. V. Thorat for Applicants in IA/2093/2021, IA/2097/2021 & 2096/2021.

Mr. R. V. Govilkar, Advocate for Respondent No.4 in IA/2093/2021, IA/2097/2021 & 2096/2021.

Mr. Abhijit Patil a/w Mr. V. D. Patil for Respondent No.3 in IA/2097/2021. Ms. Kavita N. Solunke, AGP & Mr. A. A. Alaspurkar, AGP for Respondent (State) in IA/2093/2021, IA/2097/2021 & 2096/2021. Mr. R. V. Rodrigues a/w Mr. D. P. Singh for Respondent No.6 (UOI). Mr. Sameer P. Khedekar, Advocate for Respondent No.3 in IA/839/2019.

CORAM

: R. D. DHANUKA, AND ABHAY AHUJA, JJ.

DATE : 16th SEPTEMBER, 2021.

P.C. :

.

The Applicants are seeking an Order and declaration that result of two students, whose names are mentioned in prayer clause (a) shall be declared and shall allow them to continue their course. 2.

As the facts of this Interim Application are identical to the facts of Interim Application No.2097 of 2021, for the reasons recorded in the Pg 1 of 2

Tauseef 17.2-IA.2093.2021.doc Interim Application No. 2097 of 2021, we allow prayer clauses (a) and (b) of this Interim Application. It is made clear that the students would not claim the equity. If the students are declared fail in the fourth year B.H.M.S. already held they shall be allowed to re-appear in the reexamination proposed to be held by the Respondent No.4-University and thereafter to continue to their course without prejudice to the rights and contentions of the parties subject to the out come of the Writ Petition No.8128 of 2015.

3.

Interim Application is allowed in the aforesaid terms. 4.

All the parties to act on the authenticated copy of this order. (ABHAY AHUJA, J.) (R. D. DHANUKA, J.) TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2021.09.18 12:19:51 +0530 Pg 2 of 2