National Intigrated Child Education Society, Borgaon, Thr. Secretary, Rashtrapal R. Vaidya v. State Of Maharashtra, Thr. Secretary, Department Of Medical Education And Drugs, Mumbai And ORS

2024:BHC-NAG:11825-DB 1 8 wp6325.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.6325/2024 National Intigrated Child Education Society Vs. State of Maharashtra and others Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. S.S.Shingane, Advocate for petitioner/s. Mr.D.V. Chauhan, Senior Advocate/Government Pleader assisted by Mr. H.D.Marathe, Advocate for respondent nos.1 and 3.

Mr. Tejas S.Kene, Advocate for respondent no.2. CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : OCTOBER 21, 2024.

1.

Heard.

2.

The petitioner, Institution, has a total intake capacity of 40 students.

3.

The admission to the Nursing Course is governed by the Admission Rules and guidelines prescribed by the respondent no.2-Board. 4.

We are informed that the last date for admission was 31st October 2023, by which date the enrollment of the students, who have been brought to the notice of the respondent no.2-Board. 5.

According to the petitioner, of the total 40 enrolled students, 24 students left the Institution and as such their candidature was replaced by another set of candidates before the last date of enrollment i.e. 31 st October, 2023.

6.

Such enrollment before 31st October, 2023 of the replaced 24 students, which sought to be justified based on the attendance register and internal assessment.

2 8 wp6325.2024.odt 7.

We are informed that the petitioner, if not entitled for 24 students but, the earlier admitted 16 students can be permitted to appear for the examination.

8.

The fact remains that the last date of enrollment was 31st October, 2023, however, it appears that the petitioner for the first time got the enrollment to the notice of the respondent no.2-Board on 19th March, 2024.

9.

As far as the 16 old students are concerned, when confronted, we are unable to gather from the record as to the date of their enrollment is brought to the notice of the respondent no.2-Board. 10.

In this background, we deem it appropriate to dispose of the petition, thereby permitting the petitioner to pursue the claim for the 16 students, who have been claimed to be enrolled before 31st October, 2023.

11.

The petitioner to appear before the respondent no.2 with the relevant documents, so as to enable the Board physically verify their documents and, if so, issue appropriate admission card to 16 students. 12.

The petition accordingly stands disposed of.

(MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar