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Bombay High CourtCA/2953/2019disposed offdismissed for default

Rani Vitthal Pujarwad v. The State Of Maharashtra And Others

2019-02-22Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) wp436.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2953 OF 2019 IN WRIT PETITION NO.436 OF 2019 RANI VITTHAL PUJARWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.C.R.Thorat, Advocate for the applicant.

Mr.A.R.Kale, AGP for respondent/State.

Mr.K.C.Sant, Advocate for respondent No.3.

CORAM :

PRASANNA B.VARALE & S.M.GAVHANE,JJ.

DATED :

22.02.2019 P.C. :- 1.

By way of present application the applicant/petitioner is before this Court with a prayer seeking direction to respondent Nos.2,3 and 5 to declare the result of the applicant of MBBS final year course, which is withheld on the ground of non-submission of validity certificate. Copy of the said declaration of result is placed on record at Exh."B". Perusal of the document shows that the result is withheld with a remark "Hon. Court Ruling Awaited". It is not in dispute that the Scrutiny Committee decided the claim of the petitioner and the invalidation by the Committee is subject matter of Writ Petition No.436 of 2019. While passing the order dated 11.01.2019, this Court issued notice to respondents and by way of interim order directed respondent No.5, not to take coercive action thereby disturbing academic career of the petitioner until further orders of this Court. Learned Counsel submitted that the

( 2 ) wp436.19 decision of the University withholding result would cause prejudice to the petitioner and the applicant/petitioner would be deprived in prosecuting her studies further as the applicant/petitioner is desirous to undergo exercise of internship.

2.

The grievance of the petitioner is justified. As such the application is allowed with directions to respondent Nos.2,3 and 5 to declare the result of the petitioner of MBBS final year course, subject to final outcome of the petition. The petitioner undertakes to abide by the ultimate decision of this Court and to face consequential steps to be initiated by the respondents/authorities on the final decision of the petition. Such undertaking be submitted to this Court by the applicant/petitioner within one week from today. 3.

With the above directions, the application is allowed in terms of prayer clause (B) and disposed of accordingly.

[S.M.GAVHANE,J.] [PRASANNA B.VARALE,J.] snk/2019/FEB19/wp436.19