J. J. Magdum Homeopathic Medical College Through Principal v. Union Of India Through Its Secretary And ORS

903.docx Digitally signed by TRUSHA TUSHAR MOHITE Date:

2022.06.23 17:29:58 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9792 OF 2022 IN WRIT PETITION NO.452 OF 2021 J.J.Magdum Homeopathic Medical College Through Principal & Ors.

..... Applicants Vs.

Union of India and Ors.

..... Respondents Dr.Uday P. Warunjikar for the Applicants Mr.V.M.Mali, A.G.P. for the State Mr.Rajshekhar V. Govilkar for respondent nos.1 and 6

CORAM:

S.V. GANGAPURWALA & S.M. MODAK, JJ.

DATED :

JUNE 22, 2022 P.C.

1.

The learned counsel for the Applicants submits that this court under order dated 18.12.2020 had stayed the order reducing the intake capacity. Pursuant thereto, the students were admitted. They were permitted to appear for the examination. However, the results are withheld. 2.

In view of the fact that pursuant to the interim order Mohite 1/2

903.docx passed by the coordinate bench of this court, the students are admitted and have appeared for the examination, the respondents may not withhold the results of the students of the petitioners institution only on the ground that the present Writ Petitions are pending and they have been allowed to be admitted pursuant to the interim orders of this court. The result be declared immediately. In case the petitioners are held eligible to be admitted for the next year, then they may not be refrained from prosecuting their studies. The same would be without prejudice to the rights of the parties. The petitioner's students shall not also claim equity.

3.

Interim Application is disposed of.

4.

Place the Writ Petition on 19.07.2022.

(S.M.MODAK, J.) (S.V. GANGAPURWALA, J.) Mohite 2/2