Swaroop Tukaram Gadave v. Maharashtra University Of Health Sciences, Nashik, Through Registrar And ANR

7-caw-1110-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATTE JURISDICTION CIVIL APPLICATION NO.1110 OF 2016 IN WRIT PETITION NO.4839 OF 2014 Swaroop Tukaram Gadave

...Petitioner

vs.

Maharashtra University of Health Sciences, Nashik and Another

...Respondents

Mr. Vijay Thorat a/w. Ms. Pooja Thorat and Mr. Anukul Seth, for the Petitioner.

Ms. D.S. Mondkar-Hule i/b. Mr. S.B. Shetye, for Respondent No. 1. Mr. Anuj Jaiswal a/w. Mr. Nirav Shah i/b. Little & Co., for the Respondent No. 2.

CORAM : SHANTANU S. KEMKAR & PRAKASH D. NAIK, JJ.

DATE :

DECEMBER 15, 2016 P.C.:

.

Parties through their counsel.

2.

Heard on the Civil Application No. 1110 of 2016. Keeping in view the order dated 16th September, 2014 passed by this Court permitting the Petitioner to appear in the first year BAMS examination and directing the declaration of the result of the Petitioner and the fact that in the revaluation the Petitioner was Vishal Parekar 1/2

7-caw-1110-2016.doc declared failed and as a result the Petitioner had appeared again in the first year BAMS examination of which through this Civil Application the Petitioner is seeking declaration of the result, we allow the Civil Application by directing the Respondent-University to declare the Petitioner's result and if the Petitioner is declared pass to allow him to appear in the classes of second year. 3.

However, it is made clear that the Petitioner shall not be entitled to claim equity on the basis of this order and declaration of result of the Petitioner will be subject to outcome of this Petition. 4.

The Civil Application stands disposed of as such. (PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2