Abhay Dhanraj Jain And Another v. Maharashtra University Of Health Sciences Through Its Registrar

{1} 903WP10459.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10459 OF 2021 WITH CIVIL APPLICATION NO.8649 OF 2022 ABHAY DHANRAJ JAIN AND ANOTHER

VERSUS

MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES THROUGH ITS REGISTRAR Advocate for Petitioners : Mr. M.B. Kolpe h/f. Mr. S.C. Bhosle AGP for Respondent - State : Mrs. M.A. Deshpande Advocate for Respondents : Mr. K.C. Sant CORAM : C.V. BHADANG & SANDIPKUMAR C. MORE, JJ.

DATE : 16 JUNE, 2022.

ORDER :

By this petition, the petitioner is seeking a direction to the respondent - University to declare the results of the students which have been withheld by University.

2.

We have heard the learned counsel for the parties. 3.

It appears that the substantive dispute is pending before this Court in Writ Petition No. 5194/2011 and 4254/2016 in which this Court after passing a reasoned order had admitted the petition. 4.

Learned counsel for the petitioner has pointed out the order dated 11th January, 2022 passed in Civil Application No. 14016/2021

{2} 903WP10459.21.odt in the present petition in which after recording a statement on behalf of the respondent - University that the University is in process of declaring the results of the petitioners' Institution had granted the Civil Application for a direction to declare the results. 5.

The only contention raised on behalf of the respondent - University is that this was subject to the substantive petition filed in the year 2011 being heard on its own merits. It is submitted that repeated Civil Applications are filed for the purpose of declaration of results without the petitioners taking steps to get the main petition of the year 2011 fixed for hearing.

6.

We have considered the submissions made. We find that a similar relief has already been granted to the petitioners in Civil Application No. 14016/2021 on 11th January, 2022. The petition of year 2011 was to be listed for final hearing in the month of March, 2022. However, it could not be heard. Thus, the Writ Petition can be disposed of in terms of prayer clause 'D'. Ordered accordingly. 7.

The pending Civil Application is also disposed of. 8.

Writ Petition No. 5194/2011, stand over to 30.06.2022 for final hearing.

SANDIPKUMAR C. MORE, J.

C.V. BHADANG, J.

SPC