Pathan Musaveer Khan Baktiyar Khan v. Maharashtra University Of Health Science Nashik Though Registrar And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2013 OF 2019 PATHAN MUSAVEER KHAN BAKTIYAR KHAN MAHARASHTRA UNIVERSITY OF HEALTH SCIENCE NASHIK THOUGH REGISTRAR AND OTHERS Mr. S.S.Phatale, Advocate for the petitioner Mr. V.S. Badakh, AGP for the respondent/State Mr. S.B. Bhosale, Advocate for respondent No.1. WRIT PETITION NO.2014 OF 2019 PATHAN MUDDASIR KHAN MUKHTAR KHAN MAHARASHTRA UNIVERSITY OF HEALTH SCIENCE NATHIK AND OTHERS Mr. S.S.Phatale, Advocate for the petitioner Mr. S.B. Bhosale, Advocate for respondent No.1. WRIT PETITION NO.2020 OF 2019 SWATI MOHAN GHAINWAD MAHARASHTRA UNIVERSITY OF HEALTH SCIENCE NASHIK AND OTHERS Mr. S.S. Phatale, Advocate for the petitioner Mr. S.B.Bhosale, Advocate for respondent No.1. WRIT PETITION NO.2021 OF 2019 SHITAL SUBHASH MALU 1/ 8

( 2 ) Mr. S.M. Vibhute, Advocate for the petitioner Mr. S. S. Gangakhedkar, Advocate for respondent No.3. WRIT PETITION NO.2022 OF 2019 GAJANAN SHIVAJI SIDDAMWAD Mr. S.M. Vibhute, Advocate for the petitioner Mr. K.N. Lokhande, AGP for the respondent/State Mr. Dhananjay Deshpande, Advocate for respondent No.3. WRIT PETITION NO.2023 OF 2019 KETKI SATYAWAN THAKUR Mr. S.M.Vibhute, Advocate for the petitioner Mr. V.S. Badakh, AGP for the respondent/State Mr. Shrikant Patil, Advocate for respondent No.3. WRIT PETITION NO.2024 OF 2019 ANJUSHRI ASHOK BHOSALE Mr. S.M. Vibhute, Advocate for the petitioner Mr. Bayas Anand Singh, Advocate for respondent No.3. WRIT PETITION NO.2025 OF 2019 NIKETAN SURESH KOMATWAR THROUGH FATHER SURESH RAMCHANDRA KOMATWAR 2/ 8

( 3 ) Mr. S.M.Vibhute, Advocate for the petitioner Mr. A.R. Kale, AGP for the respondent/State Mr. S.B. Pulkundwar, Advocate for respondent No.3. WRIT PETITION NO.2031 OF 2019 RANI UTTAMRAO BODKHE MAHARASHTRA UNIVERSITY OF HEALTH SCIENCE NASHIK THROUGH REGISTRAR AND OTEHRS Mr. S.S.Phatale, Advocate for the petitioner Mr. K.N.Lokhande, AGP for the respondent/State Mr. S.B.Bhosale, Advocate for respondent No.1. WRIT PETITION NO.2037 OF 2019 UMESH MADHAVRAO ADBALWAD Mr. S.M.Vibhute, Advocate for the petitioner Mr. S.B.Patil, Advocate for respondent No.3.

WRIT PETITION NO.2038 OF 2019 ASHWINI GANGADHAR BHANDEWAD MAHARASHTRA UNIVERSITY OF HEALTH SCIENCE NASHIK AND OTHERS Mr. S.S. Phatale, Advocate for the petitioner Mr. S.B. Bhosale, Advocate for respondent No.1. 3/ 8

( 4 ) WRIT PETITION NO.2041 OF 2019 NARAYAN DIGAMBAR KASALWAD Mr. P.V. Jadhavar, Advocate for the petitioner Mr. K.N. Lokhande, AGP for the respondent/State Mr. K.M. Suryawanshi, Advocate for respondent No.4. WRIT PETITION NO.2042 OF 2019 VIVEK SAYANNA AADPOD Mr. P.V.Jadhavar, Advocate for the petitioner Mr. V.S. Badakh, AGP for the respondent/State Mr. S.D. Joshi, Advocate for respondent No.4. WRIT PETITION NO.2043 OF 2019 SACHIN PRAKASH ANNAMWAR Mr. P.V.Jadhavar, Advocate for the petitioner WRIT PETITION NO.2157 OF 2019 NISHA VENKATRAO GAWARWAR Mr. S.M.Vibhute, Advocate for the petitioner Mr. S.S. Gangakhedkar, Advocate for respondent No.3. 4/ 8

( 5 ) WRIT PETITION NO.2166 OF 2019 SNEHA PRAKASH AINLAWAR THE STATE OF MAHARASHTRA AD OTHERS Mr. S.M. Vibhute, Advocate for the petitioner Mr. S.B. Bhosale, Advocate for respondent No.1. WRIT PETITION NO.2167 OF 2019 SAMPADA SUNIL NAGAMWAD THE STATE OF MAHARASHTRA AD OTHERS Mr. S.M. Vibhute, Advocate for the petitioner Mr. Bayas Anand Singh, Advocate for respondent No.3. WRIT PETITION NO.2174 OF 2019 SHRINIVAS DHONDIBA WAGHMOD THE STATE OF MAHARASHTRA AD OTHERS Mr. E.S. Murge, Advocate for the petitioner Mr. K.N. Lokhande, AGP for the respondent/State Mr. J.R. Patil, Advocate for respondent No.3. WRIT PETITION NO.2176 OF 2019 AKASH KEDAR DUDHAMBE THE STATE OF MAHARASHTRA AD OTHERS Mr. P.V. Jadhavar, Advocate for the petitioner Mrs. M.A. Deshpande, AGP for the respondent/State 5/ 8

( 6 ) CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

14.02.2019 P.C. :- 1.

Heard learned counsel for the petitioner.

2.

All these petitions are challenging the declaration of result by way of statement of marks through the respondent-University i.e. Maharashtra University of Health Science, Nashik (herein after referred to as the "University" for sake of brevity) referring to the caption result 'Withheld Hon. Court Ruling Awaited'. The petitioners are prosecuting their studies in medical course and other courses etc. The petitioners in their earlier round of litigation approached this Court on the ground that the claim for validation is pending before the Competent Scrutiny Committee and the respondent-College and the University may not take adverse action against the petitioners and permit the petitioners to prosecute their further studies subject to decision of the Committee. The petition were disposed by the order of the Division Bench.

The Division Bench while disposing the petition directed the Scrutiny Committee to decide the validation proposal within stipulated period. The Division Bench then directed the respective College and University not to take adverse action against the petitioners and permit the petitioners to prosecute further studies subject to decision of the Committee.

6/ 8

( 7 ) 3.

Learned counsel appearing for the respective petitioners submits that till date the claim is pending before the Scrutiny Committee for decision in spite of representation submitted by the petitioners to the Committee. It is also submitted by the learned counsel for the petitioners that the respective College and the University were specifically directed not to take any adverse action against the petitioner and permit the petitioners to prosecute their further studies subject to the decision of the Committee and in spite of the directions of this Court, the University is issuing the statement of marks to these petitioners withhelding their result on an auspiciously that 'Court Ruling is awaited'.

It was also submission of the learned counsel is for the petitioners that as the Committee is seating tight over on the claims, the ultimate sufferer are the petitioners. It is not in dispute that the claim is pending before the Scrutiny Committee and the petitioners had to play no role in the decision making process except to submit the relevant material to the Committee and awaiting the decision of the Committee. 4.

Considering these facts and on the backdrop of the submissions of the learned counsels, we are of the opinion that the counsel appearing for the petitioners made out the case, the petitions deserve to be allowed. 5.

Accordingly we direct respondent No.3Scheduled Tribe Certificate Scrutiny Committee, Aurangabad to decide the claim of the petitioners 7/ 8

( 8 ) expeditiously and not later than three months from the date of order of this Court.

6.

We further direct the respondent-University as well the respondent-College to declare the result of the petitioners and permit the petitioners to prosecute their further studies or internship as the case may be and not to take any adverse action on the ground that the claim is pending before the Committee.

7.

We further make it clear that on the decision of the Committee, the respondent-University and the respective College is at liberty to take appropriate steps in view of the decision of the respective Committee either at Aurangabad or Nashik.

8.

With these above directions, the petitions are disposed of.

9.

Parties to act upon authenticated copy this order.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] / .19 ssp Feb /wp2013.19 8/ 8