Balusha Santosh Bhasal And ANR v. State Of Maharashtra Through Secretary, Higher Education Dept. And ORS

sumedh IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 6385 OF 2022 Balusha Santosh Bhasal and Anr.

.. Petitioners

Versus

State of Maharashtra and Ors.

.. Respondents ....................

 Mr. Uday Warunjikar a/w. Mr.Siddhesh Pilankar i/by Sumit S. Kate & Anubha Sahai for the Petitioners  Mr. B.V.Samant, AGP for the State  Mr. Ashutosh Kulkarni for Respondent No.3  Mr. Ravindra Anbhule for Respondent No.4  V.S.Narvekar i/by Prasad B. Kulkarni for Respondent No.6  Mr. Avinash Jalsatgi a/w Mr. Siddhesh Shetye for Respondent No.7  Mr. R.V.Govilkar a/w. Mihir Govilkar for Respondent No.9  Ms. Riddhi Natekar i/by Yuvraj Narvankar for Respondent No.10 ...................

CORAM

: MILIND N. JADHAV & ABHAY AHUJA, JJ.

DATE : MAY 30, 2022.

(Vacation Court) P.C.

:

1.

Heard 2.

The grievance of the Petitioners is that despite the communication dated 27.04.2022 containing the minutes of meeting held on 25.04.2022 for necessary action, addressed by the State Government to some of the Respondents - Universities, no steps have been taken by the said Universities for conforming with the uniformity in the method and manner of examination, which is submitted is detrimental to the students studying in the said Universities. Corrected / Modified order as per speaking to the minutes order passed on 01.06.2022 1 of 3

Petitioners therefore seek a mandamus directing the Respondent No.1State to take a decision on implementation of the directions contained in the said minutes of the meeting held on 25.04.2022 for having uniformity in the conduct of examinations in the State of Maharashtra. 3.

Learned counsel Mr. Warunjikar for the Petitioners submits that the Petitioners had filed a comprehensive representation dated 23.05.2022 in respect of the above to some of the Universities and endorsed Copy of the same to the Principal Secretary, Higher and Technical Education Department, Mantralaya, as also to the Hon'ble Minister, Higher and Technical Education, State of Maharashtra. Learned counsel submits that the suggestions given in the present writ petition shall enure to the benefit of all students and are required to be considered by the Universities as well as the State. 4.

Considering that the suggestions given by the Petitioners emanate out of the contents of the minutes of meeting dated 25.04.2022 conducted by the Hon'ble Minister, Higher and Technical Education, State of Maharashtra, we deem it appropriate to direct the Petitioners to submit their representation/agitate their grievances before the Respondent No.1 - State for consideration. We therefore direct the Respondent No.2 - Director, Higher Education Department, Mantralay, Mumbai to hear the Petitioners on their representation dated 23.05.2022 filed by them and after giving them a personal hearing communicate a reasoned and speaking response to the Petitioners on Corrected / Modified order as per speaking to the minutes order passed on 01.06.2022 2 of 3

the same and place the details before the concerned authorities. 5.

The Petitioners shall appear before the Respondent No.2 for a personal hearing at 12:00noon on 01.06.2022. Petitioners are permitted to file any further written submissions in support of their representation dated 23.05.2022 in respect of the various issues raised by the Petitioners in the Petition. All suggestions given by the Petitioners shall be considered by the Respondent No.1 - State in accordance with law.

6.

All contentions of the parties are kept open. 7.

Writ Petition stands disposed of in the above terms. 8.

No cost.

[ ABHAY AHUJA, J. ] [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2022.06.01 19:54:28 +0530 RAVINDRA MOHAN AMBERKAR Corrected / Modified order as per speaking to the minutes order passed on 01.06.2022 3 of 3