Dr. Damyanti W/O Harish Atram (Nee Dr. Damyanti D/O Ramesh Walkey) Surgeon Of Govt. Dental College v. State Of Maharashtra, Through Its Secretary In The Department Of Medical Education And Research

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION No. 1241/2015.

Dr. Damyanti Harish Atram -VERSUSThe State of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI & S.B.SHUKRE, JJ.

DATE : APRIL 30, 2015.

Heard Shri Rohit Joshi, learned Counsel for the petitioner, Mrs. B.H. Dangre, learned Government Pleader for respondent nos. 1 to 3 and Mrs. T.D. Khade, learned Counsel for respondent no.4. 2.

Petition was to be disposed of finally on 23.04.2015, however, because of orders passed at Aurangabad Bench in Writ Petition No. 2499/2015 (Kantilal Sitaram Ingle .vrs. State of Maharashtra and others), the matter was required to be adjourned.

3.

Orders dated 25.03.2015 passed at Aurangabad Bench in Writ Petition No.2499/2015 are produced to by Shri Joshi, learned counsel for petitioner. The same are taken on record and is marked as "Exh.X".

4.

It is apparent that if the petitioner before the Aurangabad Bench succeeds, he will be a third candidate in the fray for total three seats, as such, number of candidates do not exceed the number of seats. Therefore, the orders of this court as recorded on 23.04.2015 in present Writ Petition can be executed further.

5.

In this situation, respondent no.4 shall be admitted against the post available at Bombay and shall be permitted to prosecute studies there, while the petitioner will be admitted in the seat at Nagpur Dental College in subject of Oral and Maxillo Facial Surgery.

6.

Respondent no.2 Director shall issue

relieving orders accordingly within a period of one week from today and then the concerned Dean of Government Medical College shall permit respondent no.4 and petitioner to join their course.

7.

Writ Petition is thus partly allowed and disposed of. No costs.

JUDGE JUDGE Rgd.