Niyaz Ashvin Wadhwania v. State Of Maharashtra Thru Principal Secretary,Medical Educ. And Drugs Dept. And ORS

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11578 OF 2019 Niyaz Ashvin Wadhawania ... Petitioner V/s.

State of Maharashtra & Ors.

... Respondents with WRIT PETITION NO. 12481 OF 2019 Mohmood Wazir M. Haji Saeed ... Petitioner V/s.

State of Maharashtra & Ors.

... Respondents Mr. Mahesh Menon a/w. Ms. Nutan Patel i/b. Mahesh Menon & Co. for the Petitioner Mr. A.M. Kulkarni a/w. Neha Bhide, 'B' Panel AGP for the Respondent - State in WP 11578/19 Mr. A.M. Kulkarni a/w. Ms. R.A. Salunkhe, AGP for the Respondent - State in WP 12481/19 CORAM : NITIN JAMDAR & S. P. TAVADE, JJ.

DATE : 16 JUNE 2020 (Through Video Conferencing)

P.C. :- Heard learned Counsel for the Petitioners and Mr. Kulkarni alongwith Ms. Neha Bhide for the Respondent - State. 2.

The grievance of the Petitioners is that inspite of an order in their favour by this Court, the University who had earlier issued certificates with an endorsement that the matter is subjudice, after the matter is decided, has not issued fresh certificates without any endorsement 3.

The Petitioners have not made any request to the University and directly filed these Petitions. Though the Respondent - University is not present, it is not necessary to issue notice to it in view of the order that we propose to pass. 4.

Considering the circumstances and the earlier orders passed by the Court, the Petitions are disposed of by directing as under :- (a) The Petitioners will make an application to the Respondent - University for grant of certificates without endorsement as prayed for in these Petitions. (b) After the application made by the Petitioners is received, the Respondent - University will issue the certificates as prayed for within period of two months.

(c) For any reason, in law or on facts, the Respondent - University cannot issue such certificates, it shall communicate to the Petitioners accordingly. In that eventuality liberty to the Petitioners to take appropriate steps in law. 3.

Both the Writ Petitions are accordingly disposed of. S.P. TAVADE, J.

NITIN JAMDAR, J.

Jyoti P.

Pawar by Jyoti P. Pawar Date: 2020.06.16 17:18:23 +0530