State Of Maha. Thr. Principal Secy., Medical Education And Drugs Dept., Mumbai And ANR. v. Maha. State Medical Teachers Association Thr. Authorized Signatory And Member, D. J. Sangle And ORS
2025:BHC-NAG:8956-DB 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.2914 OF 2025 STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS DEPT., MUMBAI AND ANR.
VS MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS WITH WRIT PETITION NO.2912 OF 2025 STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS DEPT., MUMBAI AND ANR.
VS MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS WITH WRIT PETITION NO.3823 OF 2025 STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS DEPT., MUMBAI AND ANR.
VS MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS WITH WRIT PETITION NO.2915 OF 2025 STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS DEPT., MUMBAI AND ANR.
VS MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS WITH WRIT PETITION NO.3821 OF 2025 STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS DEPT., MUMBAI AND ANR.
VS MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS WITH WRIT PETITION NO.3879 OF 2025 STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS DEPT., MUMBAI AND ANR.
VS MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS WITH WRIT PETITION NO.3827 OF 2025 STATE OF MAHA. THR. PRINCIPAL SECY., MEDICAL EDUCATION AND DRUGS DEPT., MUMBAI AND ANR.
VS MAHA. STATE MEDICAL TEACHERS ASSOCIATION, THR. AUTHORIZED SIGNATORY AND MEMBER, D.J. SANGLE AND ORS ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
2/3 Mr. N.R. Patil, AGP for the petitioners/State Mr. Akshay Naik, Sr. Advocate a/b Mr. M.A. Deo & Mr. Tejas Deshapande, Advocates for the respondent No.1 -------------------------------
CORAM
: ANIL S. KILOR AND R AJNISH R. VYAS , JJ.
DATE :
11.09.2025 1.
Heard.
2.
At the outset, Mr. Naik, learned Sr. Advocate for the respondent No.1, raises an objection to the maintainability of these writ petitions.
3.
It is argued that the State cannot approbate and reprobate for the reason that once the National Medical Commission took a stand that the applicants who are working on contract basis as 'Assistant Professor' with experience of one year 'Senior Resident' may be counted against the requirement of 'Assistant Professor' and the same has been accepted by the State Government by filing the pursis before the Tribunal on 06.02.2024 and the Maharashtra Administrative Tribunal Mumbai, Bench at Nagpur (Tribunal), by relying upon such stand of the National Medical Commission as well as the State Government, passes the order, which is impugned in the present petitions, the State cannot raise a challenge to the same, contrary to its stand taken before the Tribunal. 4.
We find substance in the submission of Mr. Naik, the learned Sr. Advocate for the respondent No.1. 5.
Accordingly, in the present matter, the State is
3/3 estopped from challenging the order of the Tribunal, as the said order has been passed based on the pursis filed by the State itself.
6.
At this stage, upon oral instructions, the learned AGP seeks permission to withdraw the present writ petitions, with liberty to take appropriate steps by filing appropriate proceedings before the Tribunal.
7.
Accordingly, the writ petitions are disposed of as withdrawn with liberty as prayed for.
(RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.)