Alisha Nasir Khan v. Ministry Of Health And Family Wlefare Through Its Secretary And Others

2024:BHC-AUG:14832-DB 1 3.WP-3319-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3319 OF 2024 ALISHA NASIR KHAN

VERSUS

MINISTRY OF HEALTH AND FAMILY WELFARE THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Gadhe Ganesh Asaram AGP for Respondent/State : Mr. N.D. Batule Advocate for Respondent No.1 : Mr. Bhosale Ramdas B. Advocate for Respondent No.2 : Mr. S.K. Kadam Advocate for Respondent No.4 and 5 : Mr. Dighe Praveen S. ...

CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 15 JULY 2024 PER COURT :

.

Heard both the sides.

2.

The petitioner who is a student of M.B.B.S. with respondent no.4, is seeking migration/transfer to the respondent no.5 as both these institutes are being managed by the same deemed university. 3.

The learned advocate for the petitioner submits that the petitioner's right to seek migration should depend upon the date of her admission to the course and not by the latest regulation. He submits that her application dated 30.01.2024 is pending with the respondent no.3/the Commissioner of Directorate of Medical Education & Research.

2 3.WP-3319-2024.doc 4.

The learned AGP on instructions, submits that the respondent no.3 would consider and decide the petitioner's application on its own merits within six weeks.

5.

Keeping open all the issues, we dispose of the writ petition by directing respondent no.3 to take appropriate decision on the petitioner's application dated 30.01.2024 'Exhibit-G' in accordance with law as expeditiously as possible and in any case within four weeks.

6.

The respondent no.3 may extend an opportunity to the applicant to be heard.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb..