Digvijay Aaram Marathe And Others v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:11644-DB ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2852 OF 2022 KALPANA RATAN MAHURE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO. 2980 OF 2022 JANVI KASHIRAM YADAV

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO. 6741 OF 2022 DIGVIJAY AARAM MARATHE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND WRIT PETITION NO. 6808 OF 2022 JANVI KASHIRAM YADAV

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....

Advocate for the Petitioner/s : S/Shri D.S. Bagul & A.N. Sikchi in respective petitions AGP for Respondents/State : Mr. S.R. Yadav Lonikar DSGI for Resp./UOI : Mr. A.G. Talhar Advocate for Resp./University : Mr. A.S. Bayas Advocate for Resp./CET Cell : S/Shri M.D. Narwadkar & S.G. Karlekar Advocate for R/4 in WP/6741/22 & 6808/22 : Mr. D.R. Jethliya ......

( 2 ) CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE :

19th June, 2024 P.C. :- 1.

In these Writ Petitions, the admissions of these Petitioners have been approved conditionally, by the order dated 14.12.2023, passed by AYUSH. A condition is imposed on the Management to pay penalty. This amount of penalty is not to be recovered from any of the students. In identical set of circumstances, a Co-ordinate Bench has passed an order dated 14.06.2024, in Writ Petition No.5260/2024 (Sayali Sunil Aghav & Ors. V/s. The Govt. of India & Ors.) and Writ Petition No.5486/2024 (Zoha Maimun Aslam Pervez Chaudhary & Ors. V/s. The Union of India & Ors.), by which the students whose admissions have been regularized, have been permitted to appear for the exams and the Authorities concerned are directed to declare their results. 2.

The learned DSGI submits on instructions that though the admissions of the students have been regularized, the conditions imposed on the erring management for depositing penalty amount with National Commission of Homeopathy, have not been complied with. We find that this issue is between AYUSH and the erring Management and the students cannot be held responsible.

( 3 ) 3.

As such, in view of the reasons and the directions set out in the order dated 14.06.2024 (supra), the Petitioners before us would be permitted to appear for exams. If they have already appeared for the exams, the results for such examination shall be declared. By consent of the parties, these Writ Petitions are disposed off. The Civil Applications also stand disposed off.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub