P. A. Inamdar And ORS v. State Of Maharashtra And ORS

BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11182 OF 2014 WITH CIVIL APPLICATION NO.3191 OF 2015 IN WRIT PETITION NO.11182 OF 2014 P.A. Inamdar & Others ..... Petitioners.

V/s State of Maharashtra and Others ...... Respondents.

Mr. S.N. Biradar I/b Mr. Sandeep R. Waghmare, Advocate for the Petitioner in Writ Petition and for the Applicant in Civil Application. Mr. S.S. Panchpor, AGP for Respondent Nos. 1 and 2. Mr. Bhooshan Mahadik holding for Mr. S.S. Patwardhan for Respondent No.3.

CORAM: B. R. GAVAI & M. S. KARNIK, JJ.

DATE: 31st OCTOBER, 2018 P.C.:

1] Rule. Rule is made returnable forthwith. Heard by consent of parties.

2] Undisputedly, the admissions which are subject matter of the present Petition are made between 18th July, 2013 to 11th April, 2016. 1/3

This is a period during which the law, as laid down by the Hon'ble Apex Court in the case of Cristian Medical College, Vellore and others vs. Union of India and others1 was holding the field. In identical facts, this Court has allowed Writ Petition No.7377 of 2014 and companion Writ Petitions vide judgment and order dated 11th October, 2018.

3] In that view of the matter, for the reasons stated in the said judgment and order dated 11th October, 2018 passed in Writ Petition No.7377 of 2014 and companions Writ Petitions, present Petition also deserves to be allowed.

4] In the result the following order is passed:-

O R D E R

(i) The order passed by Respondent No.3 dated 29-09-2014 on item No. 8(a) is quashed and set aside. It is held that admissions of the students by the Petitioners for Academic Year 2015-16 were in accordance with law and as such, the 1 (2014) 2 SCC 305 2/3

said admissions are legal and valid. Respondent No. 4 - University is directed to issue Degree Certificates in favour of students who were admitted by the Petitioners for the Academic Year 2015-16 for MDS Course. Needless to state that the internship completion certificates shall be issued by Petitioner No. 3 - College to such of the students who have completed their internship.

(ii) Rule is made absolute accordingly.

(iii) Since Writ Petition is allowed and disposed of, nothing survives in the Civil Application and the same is also disposed of.

(iii) Parties to act on the copy of this order duly authenticated by the Registry of this Court.

(M. S. KARNIK, J.) (B. R. GAVAI, J.) 3/3