Krishna Medical Through Mr Ramlal Rattaram Chaudhary v. The State Of Maharashtra Through Chief Secretary, Medical Education And Drugs Dept. And ORS.
rsk 1 8-9-WP-2287-4891-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2287 OF 2015 Maharashtra State Co-operative Consumer Federation Ltd.
...Petitioner
vs.
The State of Maharashtra & 2 Ors.
...Respondents
WITH WRIT PETITION NO.444 OF 2016 Bukhari Shams & 9 Ors.
...Petitioners
vs.
The State of Maharashtra & 2 Ors.
...Respondents
ALONG WITH CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4891 OF 2015 WITH CIVIL APPLICATION NO.535 OF 2016 IN WRIT PETITION NO.4891 OF 2015 Krishna Medical through Ramlal Rattaram Chaudhary
...Petitioner
vs.
The State of Maharashtra through Chief Secretary, Medical Education and Drugs DEP
...Respondent
Mr.S.R. Nargolkar a/w. Mr. Omkar Ambekar for the Petitioner. (WP No.2287/2015) Mr. Kedar Dighe, Asst. G.P. for the State/Respondent Nos.1 & 2. (WP No.2287/2015) Mr. S. R. Nargolkar a/w Lendle Continho I/b Meenakshi Sakhare and Mr. Santosh S. Musale for the Petitioner. (WP No.4891/2015) Mr. C.P. Yadav, AGP for the Respondent Nos.1 & 3. (WP No.4891/2015)
rsk 2 8-9-WP-2287-4891-15.doc CORAM: B. R. GAVAI AND RIYAZ I. CHAGLA, JJ.
DATE: 24th JULY 2017 P.C. :
.
The challenge which is raised in this matter was also raised before the Aurangabad Bench of this Court by way of Writ Petition No.10288/2015. In the said Petition vide judgment and order dated 7/6/2017, the Division Bench has found no merit in the challenge and dismissed the Petition.
2.
Even otherwise we are of the view that the right of the Petitioner if any will be at the most a contractual right. If it is the case of the Petitioner that there is wrongful termination of contract, he can very well claim damages in appropriate proceedings. 3.
It is not for this Court to entertain such a challenge with jurisdiction under Article 226 of the Constitution of India. 4.
Writ Petitions are accordingly dismissed.
(RIYAZ I. CHAGLA, J.) (B. R. GAVAI, J.)