Dr Pooja Shankarrao Korde v. The State Of Maharashtra Principal Secretary Medical Education And Drug Department
2024:BHC-AUG:7067-DB WP 3360.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 34 WRIT PETITION NO. 3360 OF 2024 Dr. Pooja Shankarrao Korde
VERSUS
The State Of Maharashtra Principal Secretary Medical Education And Drug Department ...
Advocate for the Petitioner : Mr. Mule Swapnil Madanrao AGP for Respondents : Ms. R.P. Gour CORAM : SMT. VIBHA KANKANWADI & S. G. CHAPALGAONKAR, JJ.
Dated : April 01, 2024 FINAL ORDER :- 1.
The petitioner is the student of the Aurangabad Government Medical College and Hospital (GHATI). She belongs to the Economically Backward Classe (EBC). She was admitted on her merit score in the said Government Medical College. She is eligible for the refund of the fees paid, since she belongs to the EBC. Her representation dated 14.09.2017, addressed to the Dean of the Medical College is said to be pending.
2.
The learned Assistant Government Pleader submits that the pending representation needs to be decided by the respondent Nos.1 and 2. The respondent No.3/Dean of the College has already forwarded a communication dated 23.01.2018 to the respondent No.2, wherein the reference of the petitioner's representation dated 14.09.2017, is set out. 3.
In view of the above, this petition is disposed of. We expect respondent Nos.1 and 2 to consider the communication dated 23.01.2018, forwarded by the Dean of
WP 3360.24.odt the Medical College to the respondent No.2, as expeditiously as possible and preferably within a period of four (04) weeks from today.
4.
Before we part, it has been brought to our notice that earlier also similarly situated students had approached this Court by filing Writ Petitions i.e. Writ Petition no.11286 of 2022, 10062 of 2023 and 10063 of 2023. These petitions came to be disposed off on 23.11.2022 and 19.8.2023 respectively as similarly as paragraph no.3 here-in-above. However, it is stated that such representation is in respect of around 274 students. When even communication dated 23.1.2018 forwarded by the Dean of the Medical College to the Respondent no.2 is in respect of all the students; then, the respondent nos.1 and 2 cannot restrict themselves to decide it in respect of the petitioners only who have approached this Court and in whose matters the orders have been passed once all said communications dated 23.1.2028 are based on the representation dated 14.9.
2017 addressed to the Dean of the Medical College should be decided/considered. We are giving this further directions in order to avoid possible similar writ petitions in future by other students/petitioners. Therefore, in addition to the directions given in paragraph no.3, We direct the respondent nos.1 and 2 to consider the communication dated 23.1.2018 forwarded by the Dean of the Medical College to the respondent no.2 within the aforesaid period in respect of all similarly situated students or the persons who had made said representation and in respect of whom said communication dated 23.1.2018 was forwarded.
( S. G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) aaa/- .....