Aishwarya Milind Jorwekar v. State Of Maharashtra Thr. Addi. Chief Secretary Medical Edcuation And Drugs Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2364 OF 2021 IN WRIT PETITION NO. 6319 OF 2016 Aishwarya Milind Jorwekar ...Applicant

IN THE MATTER BETWEEN

Aishwarya Milind Jorwekar & Anr.

...Petitioners

V/s.

State of Maharashtra through its Additional Chief Secretary Medical Digitally signed by MAMTA AMAR KALE Date:

2022.05.05 18:45:22 +0530 MAMTA AMAR KALE Education and Drugs Dept. and Ors.

...Respondents

---- Mr. Prasad S. Dani, Senior Counsel a/w. Mr. S. N. Biradar, for the Applicant.

Mr. Suhas Inamdar, for the Respondent No.2.

Ms. Nikita Singh i/b. Res Juris, for the Respondent No.3. Mr. Sandeep Waghmare, for the Respondent No.4. Mrs. S. S. Bhende, AGP for the Respondent-State. ---- CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ.

DATE : 4 May 2022 Mamta Kale page 1 of 3

P.C.

.

By this application, the applicant / petitioner No.1 prays that the respondent No.4 - College where the petitioner No.1 has pursued Bachelor of Dental Surgery (B.D.S.) Course be directed to issue the Degree Certificate since the petitioner has completed her education in that regard.

2.

The admission of the petitioner No.1 to the B.D.S. Course is pursuant to the interim order dated 15 June 2016. With passage of time and during the pendency of the writ petition, the petitioner No.1 has completed the said course. The degree awarded by the University has been forwarded to the College and the petitioner No.1 seeks issuance of the same to her. An undertaking has been tendered by the petitioner No.1 in which it has been stated that if the degree certificate is awarded to her, she would not claim any equity on the basis of earlier interim orders. That undertaking is taken on record and marked 'A' for identification.

3.

Considering the tenor of the interim order dated 15 June 2016 and the fact that the petitioner No.1 has now completed her B.D.S. course, the respondent No.4 is directed to handover the Degree Certificate pertaining to the B.D.S. course that has been acquired by the petitioner No.1. The undertaking submitted by the petitioner No.1 would be binding on her. In addition, it is Mamta Kale page 2 of 3

clarified that this Degree Certificate would be subject to the final outcome of the writ petition.

4.

The interim application is allowed in the aforesaid terms. Necessary steps be taken by respondent No.4 within a period of four weeks from the receipt of this order.

WRIT PETITION NO. 6319 OF 2016 .

Considering the order dated 24 September 2021, the Writ Petition shall come up for further consideration on 27 June 2022. (G. A. SANAP, J.) (A. S. CHANDURKAR, J.) Mamta Kale page 3 of 3