Dr Adesh Venkat Gavane v. Principal Secretary Medical Education And Drug Department

2024:BHC-AUG:27976-DB 947-wp-12953-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12953 OF 2024 Dr. Adesh Venkat Gavane

VERSUS

Principal Secretary Medical Education And Drug Department ...

Advocate for the Petitioner : Mr. Swapnil Madanrao Mule, AGP for Respondent/State : Mr. A.S. Shinde ...

CORAM : S.G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATED : NOVEMBER 28, 2024 PER COURT:- 1.

Heard learned counsel for the petitioner.

2.

Issue notice to the respondents.

3.

Learned AGP waives service of notice for the respondents.

4.

We propose to adopt the same course and reasons as done by the Division Bench in Writ Petition No.9813 of 2022 with connected matters vide order dated 01.12.2022. This petition is disposed off with the following directions :- [a] Let the petitioner, file representation to respondent Nos. 1 and 2, on or before 15.12.2024. He may send such representations even through e-mail to the above respondents.

[b] After receipt of such representation/e-mail, respondent Nos. 1 and 2, in co-ordination with each other and after taking appropriate

947-wp-12953-2024.odt (2) feedback from the Dean of the Medical College, would consider whether identically placed students are granted such benefits and in case such benefits have been granted, the petitioner would also be granted the benefits on parity.

[c] Let the above verification exercise be completed and appropriate orders be issued on or before 31.01.2024. [d] If any of the petitioner is found to be ineligible, a reasoned order be passed and the same be communicated to the petitioner within 15 days from the date of such order.

[e] The aggrieved petitioner would then be at liberty to challenge the said decision/reasons by resorting to a remedy as is permissible in Law.

5.

Needless to state, besides the above, the monthly stipend of the petitioner shall be regularly paid on the regular date without any exception considering the duties performed by the petitioner. (SHAILESH P. BRAHME, J.) (S.G. MEHARE, J.) Mujaheed//