Amit Mahadev Dodake v. The National Medical Commission Through Its Director Ugmeb And Others

2024:BHC-AUG:27843-DB 1 ca 12706.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12706 OF 2024 IN WRIT PETITION NO. 5923 OF 2024 Amit Mahadev Dodke .. Applicant

Versus

The National Medical Commission Through its Director UGMEB and others.. Respondents Shri Ashwin V. Hon, Advocate for the Applicant. Shri S. K. Kadam, Advocate for the Respondent No. 1. Shri P. S. Patil, Addl.G.P. for the Respondent Nos. 2 and 5. Shri Shaikh Wasif, Advocate h/f Shri M. D. Narwadkar, Advocate for the Respondent Nos. 3 and 4.

Shri Anandsinh Bayas, Advocate for the Respondent No. 6. CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 27TH NOVEMBER, 2024.

FINAL ORDER :

.

The applicant is seeking direction to declare his result for the supplementary examination which has been withheld by the respondent No. 6/Maharashtra University of Health Science, Nashik. The applicant's admission is protected by the interim orders passed by the coordinate bench earlier on 21.06.2024. 2.

Learned counsel has pointed out that similarly situated applicants were permitted to appear for the examination vide order dated 03rd October, 2024 passed in Writ Petition No. 9153 of 2024 by the Principal seat. The applicant was required to approach this Court when his results were withheld and the Civil

2 ca 12706.24 Application No. 10965 of 2024 was filed for that purpose. However, as the results for winter examination were declared, no orders were required to be passed and it was disposed of on 10.10.2024.

3.

Presently, the grievance of the applicant is that he appeared for supplementary examination and waiting for his results. As the admission of the applicant is protected and he was permitted to appear for further examination, we see no justification for the respondent No. 6/university to withhold the result.

4.

Learned counsel Mr. Bayas appearing for the respondent No. 6 submits that eligibility of the petitioner has not been decided by the university. He would further submit that university is not made party to the main petition. 5.

Learned counsel Mr. Hon informs that applicant is ready to implead the university as party to the main petition. 6.

For the reasons stated above, the civil application is allowed.

7.

The respondent No. 6-university shall declare the result of the applicant forthwith, which shall be subject to outcome of the petition.

[SHAILESH P. BRAHME J.] [S. G. MEHARE, J.] bsb/Nov. 24