Poonam D/O Shivaji Katkade v. The Union Of India Through Its Ministry Of Health And Family Welfare And ORS

skn 1 18-WP-12644.2019--.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12644 OF 2019 WITH INTERIM APPLICATION NO. 4370 OF 2021 Poonam D/o. Shivaji Katkade.

...

Petitioner.

V/s.

The Union of India and others.

...

Respondents.

Mr.S.S.Thombare i/b. Govind Solanke for the Petitioner. Mr.Ganesh K. Gole for Respondent Nos.2 and 3. SANJAY KASHINATH NANOSKAR CORAM :

NITIN JAMDAR AND AMIT BORKAR, JJ.

SANJAY KASHINATH NANOSKAR Date: 2022.01.21 16:50:17 +0530 DATE :

21 January 2022.

(Through Video Conferencing) P.C. :

On 7 January 2022 we had passed the followed order: "Heard learned Counsel for the parties.

2.

We have considered both the interim application and the writ petition.

3.

The learned Counsel for National Board for Examination states that the issue raised is this petition was also raised in various other petitions, one of them being Writ Petition No.1582 of 2020, which have been disposed of by the order passed by this Court. He states that since this

skn 2 18-WP-12644.2019--.doc petition was transferred from Aurangabad Bench, the same was not placed on board earlier. The learned Counsel submits that the present case is identical to Writ Petition No.1582 of 2020, which was disposed of on 20 December 2021 recording a statement made on behalf of National Board. The learned Counsel submits that on similar lines an affidavit will be filed in the present petition so that the present petition can be disposed of. 4. At the request to file affidavit, stand over to 21 January 2022. In light of the stand taken by National Board, it is clear that the notice issued on 1 October 2020, for which interim application is taken out, will not be given effect to."

Pursuant to the above order, a reply affidavit is filed by Dr.Vinay Gupta, Joint Director (Medical), National Board of Examination.

2.

We have perused the affidavit. The learned counsel for the Petitioner states that in the light of the stand taken by the National Board of Examination in the aforesaid affidavit, the relief sought for by the Petitioner stands worked out. In the light of the same and accepting the statements made in the affidavit filed by the National Board of Examination, we dispose of the writ petition.

3.

In view of disposal of writ petition, interim application is also disposed of.

(AMIT BORKAR, J.) (NITIN JAMDAR, J.)