Bombay High CourtCAW/2642/2016

Mr. Mihir Girish Kamat v. Maharashtra University Of Health Sciences And ORS.

2016-10-18Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

1 CAW.2642/2016-WP.2359/2015(902) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2642 OF 2016 IN WRIT PETITION NO. 2359 OF 2015 Mihir Girish Kamat ...Applicant/Petitioner Vs.

Maharashtra University of health Sciences, & Ors.

...Respondents

Mr. S. Pilankar i/b. Mr. Uday P. Warunjikar, Advocate for the Applicant / Petitioner Ms. Shriya Jadhav i/b. Mr. S.B. Shetye, Advocate for Respondent No.1 Ms. Nisha Mehra, AGP for the State Mr. Y.R. Mishra a/w. Mr. A.R. Varma, Mr. N.R. Prajapati, Advocate for Respondent Nos. 6 & 7 UOI CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ.

DATED :18TH OCTOBER, 2016 P.C. :

Parties through their Counsel. Heard on Civil Application No. 2642 of 2016. Through this Civil Application the prayer has been made to direct the Respondents to declare the Petitioner's result for the academic year of Summer 2016. According to the Petitioner he appeared in the said first year BAMS examination as he could not clear in the

2 CAW.2642/2016-WP.2359/2015(902) earlier Summer 2015 first year BAMS examination. According to him vide order dated 30 th September, 2015 this Court had directed the first Respondent to declare the result of the Petitioner of BAMS Summer 2015 first year examination. In the circumstances a prayer has been made to direct the first Respondent to declare the result of BAMS Summer 2016 examination on the same terms and conditions. 2.

Keeping in view the facts and circumstances of the case the earlier order passed by this Court we direct the first Respondent to declare the first year BAMS result of Summer 2016 examination of the Petitioner. However, it is made clear that the Petitioner shall not claim any equity on the basis of this interim order and the declaration of his result would be subject to final outcome of this Petition. Respondent Union of India is directed to file reply to the Petition within 4 weeks. This Civil Application is disposed of.

(M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)